Order entered September 16, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00696-CV
No. 05-21-00697-CV
DAVID DIAZ, ET AL., Appellants
V.
SMS FINANCIAL CAP, LLC, ET AL., Appellees
On Appeal from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause No. 199-00653-2011
ORDER
Before the Court is appellant David Diaz’s August 27, 2021 motion to
consolidate these two appeals. We GRANT the motion. We DIRECT the Clerk
of this Court to CONSOLIDATE the appeal designated as appellate cause number
05-21-00697-CV into the appeal designated as appellate cause number 05-21-
00696-CV. We further DIRECT the Clerk of this Court to transfer the clerk’s
record filed in appellate cause number 05-21-00697-CV into appellate cause
number 05-21-00696-CV. Henceforth, all documents filed shall use appellate
cause number 05-21-00696-CV.
Also before the Court are appellant David Diaz’s September 14, 2021
motion and appellants Scott Fisher and Kristi Fisher’s September 15, 2021 motion
for an extension of time to file their respective briefs on the merits. We GRANT
the motions and extend the deadline to October 18, 2021.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE
David Diaz, Scott Fisher, and Kristi Fisher v. SMS Financial Cap, LLC, Capital One, National Association, Stephen F. Perkins, and Christopher Fitzwater
Combined Opinion