North Whiteville Urgent Care & Family Practice, P.A. v. United Biologics, LLC D/B/A United Allergy Services

COURT OF APPEALS SANDEE BRYAN MARION FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT KAREN ANGELINI 300 DOLOROSA, SUITE 3200 MARIALYN BARNARD SAN ANTONIO, TEXAS 78205-3037 REBECA C. MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE PATRICIA O. ALVAREZ (210) 335-2635 LUZ ELENA D. CHAPA JASON PULLIAM FACSIMILE NO. JUSTICES (210) 335-2762 November 3, 2015 John Henry William M. Nichols Law Offices of John Henry, P.C. william m. nichols, p.c. 407 W Liberty St 9601 McAllister Fwy Ste 1250 Round Rock, TX 78664-5127 San Antonio, TX 78216-5150 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 04-15-00564-CV Trial Court Case Number: 2014CV02451 Style: North Whiteville Urgent Care & Family Practice, P.A. v. United Biologics, LLC d/b/a United Allergy Services Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause. If you should have any questions, please do not hesitate to contact me. Very truly yours, KEITH E. HOTTLE, CLERK _____________________________ Luz Estrada Deputy Clerk, Ext. 53219 United Biologics, LLC d/b/a United Allergy ServicesAppellee/s Fourth Court of Appeals San Antonio, Texas November 3, 2015 No. 04-15-00563-CV HOLLY RIDGE HEALTHCARE, P.A., Appellant v. UNITED BIOLOGICS, LLC d/b/a United Allergy Services, Appellee No. 04-15-00564-CV NORTH WHITEVILLE URGENT CARE & FAMILY PRACTICE, P.A., Appellant v. UNITED BIOLOGICS, LLC d/b/a United Allergy Services, Appellee From the County Court at Law No. 2, Bexar County, Texas Trial Court No. 2014CV02437 & 2014CV02451 Honorable Jason Wolff, Judge Presiding ORDER The separate but related causes underlying these appeals both stem from suits originally filed in Bexar County Court at Law No. 2, Bexar County, Texas. The Appellant in each appeal has moved this court to consolidate the appeals. The appellants state the appeals involve the same Appellee and the bases of the claims and relief, the trial court, and the procedural history are virtually identical, and the issues on appeal are identical. Having reviewed the clerk’s records and considered the motions to consolidate, we conclude that the appeals should be consolidated for purposes of any further orders, submission, opinion, judgment, and mandate. Appellant’s Motion to Consolidate Appeals is GRANTED. We ORDER appeals numbered 04-15-00563-CV and 04-15-00564-CV consolidated into a single appeal numbered 04-15-00563-CV. The two previously separate appeals will proceed as one appeal numbered 04-15-00563-CV. All aspects of the formerly separate appeals are to be presented and argued in one Appellants’ brief, one Appellees’ brief, and one reply brief; each brief must comply with the Rules of Appellate Procedure. See TEX. R. APP. P. 38.1, 38.2, 38.3. If oral argument is ordered, the consolidated appeal must be argued within the applicable time limits for a single appeal. See 4TH TEX. APP. (SAN ANTONIO) LOC. R. 9.1. This court will dispose of the consolidated appeal with one opinion, judgment, and mandate. We ORDER the clerk of this court to ensure that copies of all filings and correspondence relating to appeals 04-15-00563-CV and 04-15-00564-CV are transferred into appeal number 04- 15-00563-CV. Further, we ORDER the clerk to administratively close the appeal numbered 04- 15-00564-CV. _________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of November, 2015. ___________________________________ Keith E. Hottle Clerk of Court