Filed: Nov. 13, 2017
Latest Update: Nov. 13, 2017
Summary: ORDER CAROLYN WRIGHT , Chief Justice . Before the Court is appellants' October 23, 2017 "Motion to Abate and Request for Leave to File Amended Notice of Appeal to Include Second Order Denying Arbitration, and for Leave to File Amended Brief and/or Motion to Consolidate" and appellee's response to the motion. We DENY the motion. On the Court's own motion, we: 1. DIRECT the Clerk of this Court to transfer from appellate cause number 05-17-00896-CV into appellate cause number 05-17-01229
Summary: ORDER CAROLYN WRIGHT , Chief Justice . Before the Court is appellants' October 23, 2017 "Motion to Abate and Request for Leave to File Amended Notice of Appeal to Include Second Order Denying Arbitration, and for Leave to File Amended Brief and/or Motion to Consolidate" and appellee's response to the motion. We DENY the motion. On the Court's own motion, we: 1. DIRECT the Clerk of this Court to transfer from appellate cause number 05-17-00896-CV into appellate cause number 05-17-01229-..
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ORDER
CAROLYN WRIGHT, Chief Justice.
Before the Court is appellants' October 23, 2017 "Motion to Abate and Request for Leave to File Amended Notice of Appeal to Include Second Order Denying Arbitration, and for Leave to File Amended Brief and/or Motion to Consolidate" and appellee's response to the motion. We DENY the motion.
On the Court's own motion, we:
1. DIRECT the Clerk of this Court to transfer from appellate cause number 05-17-00896-CV into appellate cause number 05-17-01229-CV: (i) a copy of the clerk's record filed on August 8, 2017; (ii) the supplemental reporter's records filed on September 21, 2017 and September 22, 2017; and (iii) the supplemental clerk's records filed on October 12, 2017 and November 2, 2017;
2. STRIKE the appellants' brief, appellee's brief, and appellants' reply brief filed in appellate cause number 05-17-00896-CV; and
3. ORDER the parties to file separate briefs in each appeal addressing only the agreement on which the arbitration order was based in each designated appeal.
The two appeals will be submitted before the same panel on the same date.
In light of this Court's order, we DENY as moot appellants' emergency motion to transfer appellate record for use in the second appeal.
Appellants' brief in each appeal is due WITHIN TWENTY DAYS of the date of this order.