Summary
The Fifth District Court of Appeals of Texas ordered that the mandamus proceeding in cause number 05-19-00611-CV be consolidated into the related interlocutory appeal in cause number 05-19-00614-CV. The court directed the clerk to transfer the documents, close the mandamus case, and required future pleadings to use the interlocutory appeal cause number, while maintaining existing deadlines.
Topics
Practice areas
Questions Presented
- Whether the mandamus proceeding and the pending interlocutory appeal concerning the same trial-court order should be consolidated.
Holdings
- The Court of Appeals consolidated cause number 05-19-00611-CV, the mandamus proceeding, into cause number 05-19-00614-CV, the pending interlocutory appeal, so that the proceedings would be decided together.
Factual background
The trial court entered an April 19, 2019 order denying Linebarger Googan Blair & Sampson, LLP's plea to the jurisdiction. The firm challenged that order through both a petition for writ of mandamus and an interlocutory appeal. The interlocutory appeal was pending in the same appellate court when the court entered this consolidation order.
Procedural history
The 44th Judicial District Court of Dallas County, Texas, denied relator's plea to the jurisdiction on April 19, 2019. Relator sought mandamus relief and separately pursued an interlocutory appeal. Because both proceedings concerned the same trial-court order, the Court of Appeals consolidated the mandamus proceeding into the interlocutory appeal, closed the mandamus cause, and directed that future filings use cause number 05-19-00614-CV.