Timothy Onkst, Appellant v. Jennifer Onkst, Appellee

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Court of Appeals of Texas, Austin.

Timothy Onkst, Appellant v. Jennifer Onkst, Appellee

NO. 03–15–00308–CV, NO. 03–15–00636–CV

Decided: December 16, 2015

Before Chief Justice Rose, Justices Pemberton and Field

MEMORANDUM OPINION

Jennifer Onkst filed a motion to dismiss the appeal filed by Timothy Onkst in cause number 03–15–00636–CV, which she contends is a duplicate of his pending appeal in cause number 03–15–00308–CV.  On November 12, 2015, we requested that Timothy file a written response to the motion to dismiss.1  He failed to do so.

In cause number 03–15–00308–CV, Timothy appealed the district court's February 11, 2015 final order on suit affecting parent-child relationship and the court's April 14, 2015 clarifying order.  In cause number 03–15–00636–CV, Timothy once again appealed the district court's February 11 and April 14 orders, as well as the court's subsequent order denying his motions for new trial and to modify, correct, or reform the judgment.

The appeals are consolidated.  The record and all filings from cause number 03–15–00308–CV are consolidated into cause number 03–15–00636–CV.  The consolidated appeal will proceed under cause number 03–15–00636–CV, and cause number 03–15–00308–CV is dismissed.  See Coburn v. Moreland, Nos. 03–12–00662–CV & 03–12–00709–CV, 2013 Tex.App. LEXIS 1804, at *1 (Tex.App.—Austin Feb. 26, 2013, no pet.) (mem.op.) (following similar consolidation and dismissal procedure).  Jennifer's motion to dismiss Timothy's duplicate appeal is dismissed as moot.  Briefing will proceed in accordance with the Texas Rules of Appellate Procedure.

FOOTNOTES

1.   We refer to the parties by their first names for clarity.

PER CURIAM

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