Opinion
No. 05-20-00025-CV No. 05-20-00381-CV
05-20-2020
SHANNON RICE, Appellant v. PATRICIA WOOD, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas
Trial Court Cause No. CC-19-03744-D
ORDER
These interlocutory appeals stem from the same underlying case and challenge the denial of appellant's August 30, 2019 and December 4, 2019 motions to dismiss under the Texas Citizens' Participation Act (TCPA). The appellate record has been filed in each appeal. The record in appellate cause number 05-20-00025-CV consists of a reporter's record of the hearing on the August 30th TCPA motion and a three-volume clerk's record, filed February 13, 2020 and March 17, 2020, respectively. The record in appellate cause number 05-20-00381-CV consists also of a three-volume clerk's record, filed April 23, 2020, as well as the reporter's record, filed May 5, 2020, of the hearing on the December 4th TCPA motion. The clerk's record in cause number 05-20-00381-CV differs from the clerk's record in cause number 05-20-00025-CV only by the notice of appeal included in the first volume and three additional documents included in the third volume. Appellant's brief in appellate cause number 05-20-00025-CV was filed May 6, 2020; appellant's brief in appellate cause number 05-20-000381-CV is due May 26, 2020.
Before the Court are (1) appellee's opposed motions, filed in each of these appeals, to consolidate the appeals; (2) appellee's unopposed motion for extension of time to file her responsive brief in appellate cause number 05-20-00025-CV; and, (3) appellant's agreed motion for extension of time to file her opening brief in appellate cause number 05-20-00381-CV. We rule as follows.
We GRANT the motion to consolidate and CONSOLIDATE appellate cause number 05-20-00381-CV into appellate cause number 05-20-00025-CV. We DIRECT the Clerk of the Court to transfer all documents from appellate cause number 05-20-00381-CV into appellate cause number 05-20-00025-CV. For administrative purposes, appellate cause number 05-20-00381-CV is treated as a closed case. The parties shall now use only cause number 05-20-00025-CV when referencing the appeal.
In light of the consolidation, we STRIKE appellant's May 6th brief and ORDER appellant to file, no later than June 24, 2020, a brief that addresses both orders on appeal. Appellee's brief shall be filed within twenty days of the filing of appellant's brief. For consistency purposes, the parties shall include the date the record was filed when citing to the record and, other than if citing to the notice of appeal challenging the order denying the August 30th TCPA motion, shall use the April 23rd clerk's record when citing to the clerk's record.
The extension motions are DENIED as moot.
/s/ ERIN A. NOWELL
JUSTICE