SBI Investments, LLC, 2014-1, and L2 Capital LLC v. Quantum Materials Corp.

• Court: Court of Appeals of Texas
• Decided: January 2, 2018
• Docket: 03-17-00863-CV
• Status: Published

Opinion

ACCEPTED 03-17-00863-CV 21544216 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/2/2018 9:48 AM JEFFREY D. KYLE CLERK No. 03-17-00863-CV In the FILED IN Third Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS 1/2/2018 9:48:51 AM Austin, Texas JEFFREY D. KYLE ________________ Clerk SBI INVESTMENTS LLC, 2014-1, AND L2 CAPITAL, LLC, Appellants,

v.

QUANTUM MATERIALS CORP., Appellee. ________________ On Appeal from the 428rd District Court, Hays County, Texas (No. 17-2033) The Hon. Gary Steel, Presiding ________________ APPELLANTS’ UNOPPOSED MOTION TO CONSOLIDATE CASES ________________

Timothy A. Cleveland State Bar No. 24055318 Carlos R. Soltero State Bar No. 00791702 Kevin J. Terrazas State Bar No. 24060708 CLEVELAND | TERRAZAS PLLC 4611 Bee Cave Rd, # 306B Austin, Texas 78746 512-689-8698

ATTORNEYS FOR APPELLANTS Appellants SBI Investments, LLC, 2014-1 and L2 Capital LLC

respectfully move the Court to consolidate this Case with Related Case

03-17-00749-CV for all purposes. This motion is not opposed by Appellee

Quantum Materials Corp.

The two cases involve the Order Granting Temporary Injunction,

dated October 26, 2017, C.R.19, and the Corrected Order Granting

Temporary Injunction, dated November 27, 2017. C.R.38-39. The

District Court entered the Order Granting Temporary Injunction, but

inadvertently included a trial date for April 2017, rather than April 2018.

C.R.19. Appellee filed a Motion to Correct Clerical Error, which was

unopposed by Appellants, to correct the trial date in the order to April

2018. C.R.35-37. The Corrected Order Granting Temporary Injunction

was entered on November 26, 2017, with the April 2018 trial date. 1 The

Corrected Order Granting Temporary Injunction has no other differences

from the Order Granting Temporary Injunction. It is substantively the

same order. Appellants filed their opening brief on the merits appealing the

Order Granting Temporary Injunction on December 11, 2017, after filing

their notice of appeal in November 2017. Appellants filed a notice of

appeal for the Corrected Order Granting Temporary Injunction on

1 In response to the Notice of Appeal in Related Case 03-17-00863-CV, the clerk from the District Court is submitting a supplemental record with the executed order correcting the trial date. December 14, 2017.

Appellants now seek to consolidate Case No. 03-17-00749-CV with

Related Case 03-17-00863-CV, since the issues of both cases are identical

and they involve the same order that needed a clerical correction. See,

e.g., Clawson v. Wharton County, 941 S.W.2d 267, 269 (Tex. App.—

Corpus Christi 1996, writ denied) (where both cases addressed the same

legal issue and both appellants asserted same points of error, appeals

were consolidated); Bailey v. Brodhead, 838 S.W.2d 922, 923 (Tex. App.—

Austin 1992, no writ) (where two unrelated cases presented the same

issue, appeals were consolidated).

Therefore, Appellants respectfully request that the Court

consolidate the two appeals, which would not require a new briefing

schedule. Respectfully submitted,

By: /s/ Timothy A. Cleveland Timothy A. Cleveland State Bar No. 24055318 Carlos Soltero State Bar No. 00791702 Kevin J. Terrazas State Bar No. 24060708 CLEVELAND | TERRAZAS PLLC 4611 Bee Cave Rd, # 306B Austin, Texas 78746 512-689-8698 tcleveland@clevelandterrazas.com csoltero@clevelandterrazas.com kterrazas@clevelandterrazas.com

ATTORNEYS FOR APPELLANTS CERTIFICATE OF CONFERENCE

I certify that on December 14, 2017, I conferred with counsel for

Appellee, Seth Kretzer, who stated that Appellee is unopposed to this

motion. /s/ Timothy A. Cleveland Timothy A. Cleveland

CERTIFICATE OF SERVICE

I hereby certify that on this 2nd day of January 2018, a true and

correct copy of the foregoing was filed electronically and notice of this

filing will be sent to all parties by operation of the Court’s electronic filing

system as follows:

Michael Minns Ashley Arnett MINNS & ARNETT 919 Gessner, Suite 1 Houston, Texas 77074 713.777.0772 713.777.0453 fax

Seth Kretzer 440 Louisiana, Suite 1440 Houston, Texas 77002 713.775.3050 713.929.2019 fax

ATTORNEYS FOR APPELLEE

/s/ Kevin J. Terrazas Kevin J. Terrazas