in Re: Maetzi Miller

Order entered July 15, 2021 In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00578-CV IN RE MAETZI MILLER, Relator Original Proceeding from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-21-02529 ORDER Before Justices Molberg, Reichek, and Smith Relator’s July 15, 2021 petition for writ of mandamus challenges the trial court’s “Order Granting Plaintiff Jerod Miller’s Motion for Traditional and No Evidence Summary Judgment.” Relator is also challenging the same order pursuant to his interlocutory appeal pending under cause number 05-21-00422-CV. We conclude that these proceedings should be decided together. Accordingly, on the Court’s own motion, we ORDER cause number 05-21- 00578-CV CONSOLIDATED into cause number 05-21-00422-CV. We DIRECT the Clerk of this Court to remove all documents from cause number 05-21-00578- CV and refile them in cause number 05-21-00422-CV and to treat cause number 05-21-00578-CV as a closed case. We ORDER that all future filings bear only cause number 05-21-00422-CV. All current deadlines in cause number 05-21- 00422-CV remain in place. On the Court’s motion, we also STAY the enforcement hearing currently set for July 16, 2021. We further request that the real party in interest and respondent file a response, if any, to the petition for writ of mandamus within TWENTY DAYS of this order. In accordance with this consolidation order, that response should be filed in cause number 05-21-00422-CV. We DIRECT the Clerk of this Court to send a copy of this order to all parties, the trial judge, and the Dallas District Court Clerk. /s/ AMANDA L. REICHEK JUSTICE