ACCEPTED
03-17-00863-CV
21544216
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/2/2018 9:48 AM
JEFFREY D. KYLE
CLERK
No. 03-17-00863-CV
In the FILED IN
Third Court of Appeals 3rd COURT OF APPEALS
AUSTIN, TEXAS
1/2/2018 9:48:51 AM
Austin, Texas JEFFREY D. KYLE
________________ Clerk
SBI INVESTMENTS LLC, 2014-1,
AND L2 CAPITAL, LLC,
Appellants,
v.
QUANTUM MATERIALS CORP.,
Appellee.
________________
On Appeal from the 428rd District Court,
Hays County, Texas (No. 17-2033)
The Hon. Gary Steel, Presiding
________________
APPELLANTS’ UNOPPOSED MOTION TO
CONSOLIDATE CASES
________________
Timothy A. Cleveland
State Bar No. 24055318
Carlos R. Soltero
State Bar No. 00791702
Kevin J. Terrazas
State Bar No. 24060708
CLEVELAND | TERRAZAS PLLC
4611 Bee Cave Rd, # 306B
Austin, Texas 78746
512-689-8698
ATTORNEYS FOR APPELLANTS
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
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.
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
Kevin J. Terrazas
State Bar No. 24060708
CLEVELAND | TERRAZAS PLLC
4611 Bee Cave Rd, # 306B
Austin, Texas 78746
512-689-8698
tcleveland@clevelandterrazas.com
csoltero@clevelandterrazas.com
kterrazas@clevelandterrazas.com
ATTORNEYS FOR APPELLANTS
CERTIFICATE OF CONFERENCE
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
CERTIFICATE OF SERVICE
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
MINNS & ARNETT
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
ATTORNEYS FOR APPELLEE
/s/ Kevin J. Terrazas
Kevin J. Terrazas