Liberty Sport Aviation, L.P. v. Texas Hill Country Bank

Opinion

ACCEPTED 04-15-00480-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/7/2015 7:32:00 AM KEITH HOTTLE CLERK

No. 04-15-00480-CV FILED IN __________________________________________ 4th COURT OF APPEALS SAN ANTONIO, TEXAS IN THE COURT OF APPEALS OF TEXAS 08/07/15 7:32:00 AM FOURTH JUDICIAL DISTRICT KEITH E. HOTTLE SAN ANTONIO, TEXAS Clerk __________________________________________

LIBERTY SPORT AVIATION, L.P., Appellant, vs. TEXAS HILL COUNTRY BANK, Appellee. __________________________________________ FROM THE 216TH JUDICIAL DISTRICT, KENDALL COUNTY, CAUSE NO. 14-314/14-314A, HON. KEITH WILLIAMS, PRESIDING __________________________________________ APPELLANTS’ UNOPPOSED MOTION TO CONSOLIDATE APPEALS

To the Honorable Court:

This appeal arises from the entry of a summary judgment

motion that was then severed into a separate cause of action. The

original cause of action was numbered 14-314. After the severance

order was entered and motion for new trial was filed, the trial court

assigned a new cause number to the severed cause of action (14-

314A). In an abundance of caution, Appellant Liberty Sport Aviation

L.P. filed a notice of appeal in both causes and, as a result, this Court docketed two appeals, not one (04-15-00479-CV and 04-15-

480-CV). Although two appellate numbers were docketed, there will

be only one appeal: a challenge to the trial court’s summary

judgment order that was later severed into a separate cause. Thus,

for purposes of judicial efficiency and to remedy the error, Appellant

requests this Court consolidate the appeals. Appellee is unopposed

to this Motion.

Respectfully submitted,

KELLER STOLARCZYK, PLLC 234 West Bandera Road #120 Boerne, Texas 78006 Tele: 830.981.5000 Facs: 888.293.8580

/s/Kimberly S. Keller Kimberly S. Keller SBN: 24014182 kim@kellsto.com

COUNSEL FOR APPELLANT

2 CERTIFICATE OF CONFERENCE & SERVICE

I certify that on August 6, 2015, co-counsel Jonathan Cluck

conferred with counsel for Appellee (Mr. Maguire) and was informed

Appellee is unopposed to this Motion. On August 7, 2015, this

Motion to Consolidate was served on those individuals listed below

via this Court’s e-filing system, facsimile, and/or email:

M. Patrick Maguire 945 Barnett Street Kerrville, Texas 78028

William Michael Childers 222 Sidney Baker South, Suite 630 Kerrville, Texas 78028

/s/Kimberly S. Keller Kimberly S. Keller