Elizabeth A. Lousteau and Brett Clanton v. James L. Noriega and Sonia A. Noriega ( 2015 )

ACCEPTED
01-15-00341-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/10/2015 1:59:13 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00341-CV
IN THE
FILED IN
1st COURT OF APPEALS
FIRST COURT OF APPEALS HOUSTON, TEXAS
7/10/2015 1:59:13 PM
Houston, Texas
CHRISTOPHER A. PRINE
Clerk
ELIZABETH A. LOUSTEAU AND BRETT CLANTON
Defendants/Appellants,
v.
JAIME L. NORIEGA AND SONIA A. NORIEGA
Plaintiffs/Appellees.
Appeal from the 151st Judicial District Court
Harris County, Texas
No. 2013-35448
APPELLANTS’ MOTION TO CONSOLIDATE AND MOTION FOR EXTENSION OF TIME
Marianne G. Robak, TBA 24048508
email: mgrobak@law-crg.com
1770 St. James Place, Suite 150
CERSONSKY, ROSEN & GARCIA, P.C.
Houston, Texas 77056
Tel: (713) 600-8500; FAX (713) 600-8585
ATTORNEYS FOR APPELLANTS,
ELIZABETH A. LOUSTEAU AND BRETT
CLANTON.
Appellants request that this Court consolidate this appeal, Appellate Court No. 01-15-
00341-CV with the Appellate Court No. 01-15-00254-CV. The reason for consolidation is that
the two appeals involve the a judgment rendered in 2014-14152 and certain actions taken by the
trial court post-judgment, including a consolidation and a severance which caused the judgment
to essentially be put into two cases, 2013-35448 and 2013-35448-B. Therefore, it was necessary
to file two Notice of Appeal. That being said, the appeals involve the same judgment, the same
facts, the same parties, the same law, and the same appellate issues. However all of the pleadings
and court records are in the main case, 2013-35448 and the judgment being appealed is in 2013-
35448-B. Therefore, these appellate cases should be consolidated.
Also, upon consolidation, this Court should permit the parties to rely on the clerk's
records filed in both appeals for their briefs. Appellants' propose that the clerk's record filed in
Appellate Court No. 01-15-00341-CV be considered volumes 1 and 2, and the clerk's record
filed in Appellate Court No. 01-15-00254-CV be considered volumes 3 and 4.
Additionally, pursuant to Texas Rule of Appellate Procedure 10.5(b), Appellants request
a ten (10) day extension of the due date on its brief that is due in this matter, which will
encompass all appellate issues from both 01-15-00341-CV and 01-15-00254-CV case. While
Appellants' are prepared to file their brief for the 01-15-00341-CV appeal by the due date,
additional time will be needed to reflect the consolidation within the brief. Appellants request
that its brief on both appeals now be due on Wednesday, July 22, 2015. No previous extension
of the due date for Appellants’ brief has been sought or granted.
Respectfully submitted,
/s/ Marianne G. Robak
Marianne G. Robak, TBA No. 24048508
mgrobak@law-crg.com
M. H. Cersonsky, State Bar: 04048500
mhcersonsky@law-crg.com
1770 Saint James Place, Suite 150
Houston, Texas 77056
Telephone: (713) 600-8500
Fax: (713) 600-8585
Attorneys for Defendants/Appellants,
Elizabeth A. Lousteau and Brett Clanton
CERTIFICATE OF CONFERENCE
Defendants’/Appellants’ attorney, Marianne G. Robak, attempted to contact
Plaintiffs’/Appellees’ attorney, SJ Swanson, to find out if she was opposed or unopposed to the
filing of Appellants' Motion to Consolidate and Motion for Extension of Time. At the time of this
filing, I have not received a response.
/s/ Marianne G. Robak
Marianne G. Robak
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been served to opposing
counsel of record, pursuant to Rule 21a(a)(1) of the Texas Rules of Civil Procedure, as indicated
below on this 10th of July, 2015:
Via electronic filing manager
Sarahjane “SJ” Davidson Swanson
Swanson Law Firm, PLLC
310 Main, Ste. 201
Houston, TX 77056
/s/ Marianne G. Robak
Marianne G. Robak