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All Am. Excavation, Inc. v. Austin Materials, LLC

Fourth Court of Appeals San Antonio, Texas
Jan 7, 2016
No. 04-15-00779-CV (Tex. App. Jan. 7, 2016)

Opinion

No. 04-15-00779-CV No. 04-15-00780-CV No. 04-15-00781-CV No. 04-15-00782-CV

01-07-2016

ALL AMERICAN EXCAVATION, INC., Appellant v. AUSTIN MATERIALS, LLC, Appellee


From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 2015CI10299, 2015CI10743, 2015CI13685, 215CI11880
Honorable Antonia Arteaga, Judge Presiding

ORDER

On December 30, 2015, appellant filed a motion to consolidate these appeals. On January 7, 2016, appellee filed a response. Having considered both the motion and the response, we agree that, in the interest of efficient administration, these appeals should be consolidated for purposes of briefing and argument. Appellant's motion to consolidate is therefore GRANTED.

We ORDER Nos. 04-15-00779-CV, 04-15-00780-CV, 04-15-00781-CV, and 04-15-00782-CV, consolidated for purposes of briefing and argument on appeal. The parties must file motions, briefs, and other pleadings as if the appeals were one but put all four appeal numbers in the style of the case. However, a record must be filed in each appeal, the record in each case will remain separate and, if supplementation of the record becomes necessary, the supplemental material must be filed in the appeal to which it applies. The cases must be argued together in one brief, as in a single appeal, and if oral argument is requested and granted, the entire case must be argued as a single appeal, with the total time limit for each party equal to the ordinary time limit for a single appeal. The court will dispose of the appeals with the same judgment, opinion, and mandate.

Additionally, in its motion to consolidate appellant asks that its briefing deadline be extended to begin to run on the date on which the record in each appeal is made complete, or on the date on which the order consolidating the appeals is granted. Appellant's request to extend the briefing deadline is GRANTED. A complete record has been filed in each appeal. Therefore, appellant's brief is due twenty (20) days from the date of this order.

/s/_________

Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of January, 2016.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

All Am. Excavation, Inc. v. Austin Materials, LLC

Fourth Court of Appeals San Antonio, Texas
Jan 7, 2016
No. 04-15-00779-CV (Tex. App. Jan. 7, 2016)
Case details for

All Am. Excavation, Inc. v. Austin Materials, LLC

Case Details

Full title:ALL AMERICAN EXCAVATION, INC., Appellant v. AUSTIN MATERIALS, LLC, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jan 7, 2016

Citations

No. 04-15-00779-CV (Tex. App. Jan. 7, 2016)