Opinion
01-21-00679-CV
03-21-2023
Erin McCain and Marc A. Townley v. Linda A. Lanier
151st District Court of Harris County 2020-59696, Texas
ORDER
On February 14, 2023, we ordered appellants Erin McCain and Marc A. Townley to file a response demonstrating that this Court has jurisdiction over their purported interlocutory appeal from the trial court's November 15, 2021 "Order Imposing Sanctions" and its November 29, 2021 "Order on Defendant's Special Exceptions." Appellants' deadline to file their jurisdictional response was no later than March 1st, and appellee Linda A. Lanier's reply was due 15 days after appellants' response was filed.
Appellants filed their jurisdictional response on February 28, making appellee's reply due Wednesday, March 15. On March 14, appellee purported to file her jurisdictional reply. Although the heading of the reply indicates it is filed in the First Court of Appeals, the style, and substance, of the document reflects that it is a brief filed in a separate case that was pending before the Fourteenth Court of Appeals: Marcus A. Townley and Erin M. McMain, Trial Court Cause No. 1077886, County Court at Law No. 4 of Harris County. The Fourteenth Court of Appeals' opinion and judgment in that separate appeal issued on June 8, 2021. See Townley v. Lanier, No. 14-19-00447-CV, 2021 WL 2325082 (Tex. App.-Houston [14th Dist.] June 8, 2021, pet. denied). The underlying suit is a separate case that was brought by appellants against appellee in Trial Court Cause No. 2020-59696, pending in the 151st Judicial District Court of Harris County.
Accordingly, we strike appellee's purported jurisdictional reply that was filed on March 14 and order appellee to file a reply responding to the issues raised in our February 14 order in this case and appellants' February 28 response. Appellee's reply is due within ten days of the date of this order.
It is so ORDERED.