James E. White, IV, Individually and as Beneficiary of the Jane White Trust Marti White Wright, Individually and as a Beneficiary of the Jane White Trust And Clinton Wesley White, Individually and as a Beneficiary of the Jane White Trust, by and Through His Next Friend, James E. White, IV v. Edward McMinn White, Individually and as Trustee of the Edward McMinn White Trust, and Beauregard Brite White, Individually and as Trustee of the Beauregard Brite White Trust

• Court: Court of Appeals of Texas
• Decided: November 28, 2023
• Docket: 08-23-00272-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

JAMES E. WHITE, IV, Individually and § as Beneficiary of the JANE WHITE Trust; MARTI WHITE WRIGHT, § Individually and as a Named Beneficiary No. 08-23-00272-CV of the JANE WHITE Trust; and § CLINTON WESLEY WHITE, Appeal from the Individually and as a Beneficiary of the § JANE WHITE Trust, by and through his 394th Judicial District Court Next Friend, JAMES E. WHITE, IV, § of Presidio County, Texas Appellants, § (TC# 7856) v. §

EDWARD MCMINN WHITE, § Individually and as Trustee of the EDWARD MCMINN WHITE Trust, and § BEAUREGARD BRITE WHITE, Individually and as Trustee of the § BEAURAGARD BRITE WHITE Trust, § Appellees. §

§

MEMORANDUM OPINION

This appeal is before the court on its own motion to determine if it should be dismissed for

want of jurisdiction. On October 6, 2023, James E. White, IV, individually and as beneficiary of

the Jane White Trust, Marti White Wright, individually and as a beneficiary of the Jane White Trust, and Clinton Wesley White, individually and as a beneficiary of the Jane White Trust, by

and through his Next Friend, James E. White, IV (collectively, Appellants), filed a notice of appeal

from a final judgment nunc pro tunc signed on September 25, 2023. We docketed this appeal under

cause number 08-23-00272-CV. Appellants’ notice described that Appellants had previously filed

three related appeals, all pending and similarly docketed in this Court under the following three

cause numbers: 08-23-00243-CV, 08-23-00244-CV, and 08-23-00247-CV. Moreover, the notice

further stated the appeal was filed merely as a “protective Notice of Appeal” to reserve rights to

seek a ruling on whether this Court had jurisdiction over the appeal.

On October 23, 2023, the Clerk of this Court sent Appellants a notice of our intent to

dismiss this docketed appeal for want of jurisdiction, after ten days of the date of the notice, unless

grounds to continue the appeal were shown by any party. See TEX. R. APP. P. 42.3.

On November 10, 2023, Appellants responded to the Clerk’s notice asserting the trial

court’s judgment nunc pro tunc signed on September 25, 2023—which Appellants challenge in

this appeal—was actually a modified version of the final judgment signed on August 4, 2023—

which Appellants also challenge in pending cause number 08-23-00243-CV. Given the duplication

of appeals, Appellants ask this Court to consolidate cause number 08-23-00272-CV with cause

number 08-23-00243-CV.

Because we determine it was unnecessary for Appellants to separately perfect the appeal

of the modified judgment, we grant Appellants’ motion to consolidate the instant appeal with the

appeal docketed under cause number 08-23-00243-CV. Although we technically have jurisdiction

over this appeal, we determine there is no reason to maintain a second appeal challenging the same

judgment and rulings. Appellants have, and continue to have, a right to appeal the various rulings

of the trial court in cause number 08-23-00243-CV. Thus, for all purposes, we consolidate cause number 08-23-00272-CV with cause number 08-23-00243-CV. The issues, records, and

documents filed in cause number 08-23-00272-CV are consolidated into cause number 08-23-

00243-CV. Accordingly, the Clerk of the Court shall transfer all the filings in this cause number

to cause number 08-23-00243-CV, wherein the appeal shall proceed, and cause number 08-23-

00272-CV is hereby dismissed.

GINA M. PALAFOX, Justice

November 28, 2023 Before Palafox, J., Soto, J., and Marion, C.J. (Ret.) Marion, C.J. (Ret.) (Sitting by Assignment)