Opinion
NO. 14-21-00042-CVNO. 14-21-00053-CV
05-20-2021
JOHN J. KLEVENHAGEN III, Appellant v. BARBARA A. HILBURN; HARRIS HILBURN, L.L.P.; MICHAEL C. FEEHAN; LAW FEEHAN ADAMS, L.L.P.; R. BRENT COOPER; DIANA FAUST; AND COOPER & SCULLY, P.C., Appellees
On Appeal from the Probate Court No. 2 Harris County, Texas
Trial Court Cause No. 352,923-406On Appeal from the Probate Court No. 2 Harris County, Texas
Trial Court Cause No. 352,923-401
ORDER
Appellees have filed an unopposed joint motion to consolidate these appeals. When multiple notices of appeal from the same judgment or order have been filed by adverse parties, the court encourages the parties to consider requesting consolidation of those appeals. These appeals are not from the same judgment or order but arise from the same core dispute. Accordingly, the motion to consolidate is granted.
Because "consolidation" is a formal procedure under the Texas Rules of Civil Procedure, see Tex. R. Civ. P. 174, but not under the Texas Rules of Appellate Procedure:
1. Each appeal will remain open.
2. Any document meant to be filed in both appeals must bear both appeal numbers.
3. Regardless of whether a document applies to one or both appeals, any document filed is subject to Texas Rule of Appellate Procedure 9.4.
4. Each appeal will be submitted to the same panel.
5. The issuance date of the judgment(s) shall control all further deadlines in each appeal, including due dates for post-judgment motions and remittitur, expiration of plenary power, and issuance of the mandate.
6. Per appellees' request the consolidated briefs will have the following word limits and deadlines:
a. Appellant's Brief is due 30 days from the date of this order and is limited to 15,000 words;
b. Appellees' Response Brief is due 30 days after appellant's brief is filed and is limited to 15,000 words;
c. Appellant's Reply Brief is due 20 days after appellees' brief is filed and is limited to 7,500 words.
PER CURIAM Panel consists of Justices Wise, Jewell, and Spain.