Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/2/2018 9:48:51 AM JEFFREY D. KYLE Clerk No. 03-17-00863-CV THIRD COURT OF APPEALS JEFFREY D. KYLE 1/2/2018 9:48 AM AUSTIN, TEXAS 03-17-00863-CV *1 ACCEPTED [21544216] CLERK In the
Third Court of Appeals Austin, Texas ________________
SBI I NVESTMENTS LLC, 2014-1, AND L2 C APITAL , LLC, Appellants , v.
Q UANTUM M ATERIALS C ORP ., Appellee . ________________ On Appeal from the 428rd District Court, Hays County, Texas (No. 17-2033) The Hon. Gary Steel, Presiding ________________ A PPELLANTS ’ U NOPPOSED M OTION TO C ONSOLIDATE C ASES ________________ Timothy A. Cleveland State Bar No. 24055318 Carlos R. Soltero State Bar No. 00791702 State Bar No. 24060708 LEVELAND | T ERRAZAS PLLC Bee Cave Rd, # 306B Austin, Texas 78746 512-689-8698 PPELLANTS *2
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
*3 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 State Bar No. 24060708 LEVELAND | T ERRAZAS PLLC Bee Cave Rd, # 306B Austin, Texas 78746 512-689-8698 tcleveland@clevelandterrazas.com csoltero@clevelandterrazas.com kterrazas@clevelandterrazas.com PPELLANTS *5 C ERTIFICATE OF C ONFERENCE 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 ERTIFICATE OF S ERVICE 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
M INNS & A RNETT
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 PPELLEE
/s/ Kevin J. Terrazas
[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.