Todd C. Brennan and Valerie S. Smith, Frank Gallison and Nanette Gallison, Rebecca Hanley, Gordon Hiebert and Kimberly Hiebert, William Hood and Leonila Hood, Layne Kasper and Jessica Kasper, James Kitchen and Martha Kitchen v. City of Willow Park, Texas, Parker County Appraisal District, Parker County Appraisal Review Board, City of Aledo, Texas, and Larry Hammonds in His Official Capacity as Parker County Tax Assessor/Collector

• Court: Court of Appeals of Texas
• Decided: May 30, 2014
• Docket: 02-14-00153-CV
• Status: Published

Opinion

FILE COPY

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-14-00147-CV

CITY OF ALEDO APPELLANT

V.

TODD C. BRENNAN AND VALERIE APPELLEES S. SMITH, FRANK GALLISON AND NANETTE GALLISON, REBECCA HANLEY, GORDON HIEBERT AND KIMBERLY HIEBERT, WILLIAM HOOD AND LEONILA HOOD, LAYNE KASPER AND JESSICA KASPER, JAMES KITCHEN AND MARTHA KITCHEN, SHAUN KRETZSCHMAR AND NATALIE KRETZSCHMAR, SCOTT MITCHELL AND LESLIE MITCHELL, EVAN PETERSON AND GAYLE PETERSON, BRIAN STAGNER AND AMY STAGNER, STEVEN TOMHAVE AND JETTY TOMHAVE, AND ROBERT WOOD AND MARY FRANCES WOOD

AND

NO. 02-14-00153-CV

TODD C. BRENNAN AND VALERIE APPELLANTS S. SMITH, FRANK GALLISON AND NANETTE GALLISON, REBECCA FILE COPY

HANLEY, GORDON HIEBERT AND KIMBERLY HIEBERT, WILLIAM HOOD AND LEONILA HOOD, LAYNE KASPER AND JESSICA KASPER, JAMES KITCHEN AND MARTHA KITCHEN, SHAUN KRETZSCHMAR AND NATALIE KRETZSCHMAR, SCOTT MITCHELL AND LESLIE MITCHELL, EVAN PETERSON AND GAYLE PETERSON, BRIAN STAGNER AND AMY STAGNER, STEVEN TOMHAVE AND JETTY TOMHAVE, AND ROBERT WOOD AND MARY FRANCES WOOD

CITY OF WILLOW PARK, TEXAS, APPELLEES PARKER COUNTY APPRAISAL DISTRICT, PARKER COUNTY APPRAISAL REVIEW BOARD, CITY OF ALEDO, TEXAS, AND LARRY HAMMONDS IN HIS OFFICIAL CAPACITY AS PARKER COUNTY TAX ASSESSOR/COLLECTOR

------------

FROM THE 43RD DISTRICT COURT OF PARKER COUNTY

ORDER

We have considered the parties’ “Agreed Motion to Consolidate Appeals

and for Consolidated Briefing Schedule” in reference to the above causes.

2 FILE COPY

The motion is GRANTED. It is therefore ORDERED that appeal number

02-14-00147-CV (the summary-judgment appeal) is consolidated with appeal

number 02-14-00153-CV (the class-certification appeal) for the purposes of

briefing and oral argument, if any. Each appeal shall continue to bear its

respective case number.

It is further ORDERED that the clerk’s record and reporter’s record already

filed in the class-certification appeal will be used for both appeals.

Additionally, it is ORDERED that the opening brief for the Appellants in the

class-certification appeal (the Taxpayers) shall be filed no later than Monday,

June 30, 2014. The response brief by the Appellees in the class-certification

appeal (the Taxing Entities) shall be filed no later than Monday, August 4, 2014.

The City of Aledo’s opening brief in the summary-judgment appeal and its

response to the Taxpayers’ opening brief in the class-certification appeal shall be

filed no later than Monday, August 4, 2014. The Taxpayers’ combined reply

brief in the class-certification appeal and response brief in the summary-

judgment appeal shall be filed no later than Monday, August 25, 2014. The City

of Aledo’s reply brief in the summary-judgment appeal shall be filed no later than

Monday, September 8, 2014. The Taxpayers’ and the City of Aledo’s total

aggregate word limits are increased to 37,000. See Tex. R. App. P. 9(i)(2)(B),

(i)(4).

The Taxpayers may be designated as “Appellants/Cross Appellees,” the

Taxing Entities may be designated as “Appellees,” and the City of Aledo may be

3 FILE COPY

designated as “Appellee/Cross Appellant.” However, the parties are encouraged

to use these designations only as absolutely necessary and to refer to the parties

by name or similar common-language reference.

The clerk of this court is directed to transmit a copy of this order to the

attorneys of record, the trial court clerk, and the court reporter.

DATED May 30, 2014.

PER CURIAM