Timothy Onkst v. Jennifer Onkst ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00308-CV
NO. 03-15-00636-CV
Timothy Onkst, Appellant
v.
Jennifer Onkst, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT
NO. D-1-FM-14-003084, HONORABLE KARIN CRUMP, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
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.
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We refer to the parties by their first names for clarity.
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.
Before Chief Justice Rose, Justices Pemberton and Field
03-15-00308-CV Dismissed
03-15-00636-CV Consolidated
Filed: December 16, 2015
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