Carolyn Barnes, Appellant v. Velocity Credit Union, Appellee

Reset A A Font size: Print

Court of Appeals of Texas, Austin.

Carolyn Barnes, Appellant v. Velocity Credit Union, Appellee

NO. 03–13–00154–CV

Decided: May 17, 2013

Before Justices Puryear, Pemberton and Rose

M E M O R A N D U M O P I N I O N

In trial court cause number 12–0459–T277, appellant Carolyn Barnes asserted claims against defendants that included appellee Velocity Credit Union.   Velocity subsequently obtained a summary judgment against Barnes, and the district court, on Velocity's motion, severed Barnes's claims against Velocity into a separate cause number, 12–1288–C277, making the summary judgment final.   Barnes filed a notice of appeal referencing both cause numbers, which were docketed as separate appeals—03–13–00154–CV for the appeal from trial court cause number 12–1288–C277, and 03–13–00155–CV for the appeal from trial court cause number 12–0459–T277.

Indicating that trial court cause number 12–1288–C277 is the intended subject of her appeal, Barnes has moved that we consolidate the two appellate causes into 03–13–00154–CV (the appeal from 12–1288–C277) and dismiss appellate cause 03–13–00155–CV.   Velocity agrees that only trial court cause number 12–1288–C277 is the subject of Barnes's appeal and does not object to consolidation.   We therefore grant Barnes's motion and consolidate appellate cause number 03–13–00155–CV into cause number 03–13–00154–CV.   The record and all filings from cause number 03–13–00155–CV are transferred into cause number 03–13–00154–CV, and cause number 03–13–00155–CV is dismissed.

03–13–00154–CV Consolidated

03–13–00155–CV Dismissed

Bob Pemberton, Justice

Copied to clipboard