Opinion
NO. 03-19-00954-CV NO. 03-19-00955-CV NO. 03-19-00956-CV NO. 03-19-00957-CV
11-17-2020
Carlson, Brigance & Doering, Inc., Appellant v. Michael S. Compton, Jenifer Hammock, and Kyle Hammock, Appellees Carlson, Brigance & Doering, Inc., Appellant v. Lynette Lee, Appellee Carlson, Brigance & Doering, Inc., Appellant v. Tim Murphy and Maria Murphy, Individually and d/b/a Bastrop Signs and Banners, Appellees Carlson, Brigance & Doering, Inc., Appellant v. Jo Ann Sullivent, Appellee
FROM THE 335TH DISTRICT COURT OF BASTROP COUNTY
NO. 540-335 , THE HONORABLE TERRY L. FLENNIKEN, JUDGE PRESIDING FROM THE 335TH DISTRICT COURT OF BASTROP COUNTY
NO. 423-5024 , THE HONORABLE TERRY L. FLENNIKEN, JUDGE PRESIDING FROM THE 335TH DISTRICT COURT OF BASTROP COUNTY
NO. 540-21 , THE HONORABLE TERRY L. FLENNIKEN, JUDGE PRESIDING FROM THE 335TH DISTRICT COURT OF BASTROP COUNTY
NO. 542-335 , THE HONORABLE TERRY L. FLENNIKEN, JUDGE PRESIDING ORDER
PER CURIAM
These consolidated interlocutory appeals originally involved two appellants: Carlson, Brigance & Doering, Inc. (CBD), and LJA Engineering, Inc. (LJA). LJA did not file a brief or respond to notice from this Court that its appeals could be dismissed for failure to prosecute them. Accordingly, on September 30, 2020, this Court dismissed LJA's appeals for want of prosecution. LJA has now filed a motion for rehearing and a motion for extension of time accompanied by its appellate brief. Appellees filed a response urging us to deny the motions.
LJA explains that it did not file a brief because it "chose to adopt the filings of CBD in order to conserve the judicial resources of the court." LJA did not respond to this Court's notice because it "believed the Court would include LJA in the arguments set forth" in CBD's brief. The appellate rules allow a party to join in or adopt another party's brief in whole or in part, see Tex. R. App. P. 9.7, but LJA never informed this Court that it adopted CBD's briefs. Nevertheless, LJA has now filed a brief asserting that the relevant facts and law "are identical" to those set forth in CBD's brief appeal and adopting two of the three issues discussed in CBD's brief. Although appellees urge us not to reinstate LJA, they do not deny that the facts and law LJA seeks to adopt are identical to those in CBD's brief. This enables us to decide LJA's issues on the merits without requiring further briefing from appellees. Under these circumstances, we grant LJA's motions for rehearing and extension of time. Cf. St. John Missionary Baptist Church v. Flakes, 595 S.W.3d 211, 214 (Tex. 2020) (explaining that "appellate courts should reach the merits of an appeal whenever reasonably possible" (citing Weeks Marine, Inc. v. Garza, 371 S.W.3d 157, 162 (Tex. 2012))). We withdraw our order of September 30, 2020 and reinstate LJA's appeals. The cases will proceed under the following styles:
19-954-CV: Carlson, Brigance & Doering, Inc., and LJA Engineering, Inc., appellants, v. Michael S. Compton, Jenifer Hammock, and Kyle Hammock, appellees;
19-955-CV: Carlson, Brigance & Doering, Inc., and LJA Engineering, Inc., appellants, v. Lynette Lee, appellees;
19-956-CV: Carlson, Brigance & Doering, Inc., and LJA Engineering, Inc., appellants, v. Tim Murphy and Maria Murphy, Individually, and d/b/a Bastrop Signs and Banners, appellees;
19-957-CV: Carlson, Brigance & Doering, Inc., and LJA Engineering, Inc. appellants, v. Jo Ann Sullivent, appellee
The October 26, 2020 submission date remains unchanged.
It is so ordered on November 17, 2020. Before Justices Goodwin, Kelly, and Smith