in the Matter of the Marriage of Sue Walston and Larry Walston ( 2005 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-05-00193-CV

Sue Walston,

                                                                      Appellant

 v.

Larry Walston, WILLIAM V.

DUNNAM, JR., C. VANCE DUNNAM,

JAMES R. DUNNAM, J. ROBERT

ANGEL, DUNNAM & DUNNAM, LLP,

JAMES H. STEWART, JIM STEWART,

REALTORS, INC., AND CENTRAL

TRANSPORTATION SYSTEMS,

                                                                      Appellees

From the 19th District Court

McLennan County, Texas

Trial Court No. 92-3724-1

ORDER

            Sue Walston’s appeal of the severance and judgment against her on her claims against James H. Stewart and Jim Stewart Realtors, Inc. is pending in case number 10-05-00135-CV.  Walston’s appeal of the judgment against her on her claims against Larry Walston, William V. Dunnam, Jr., C. Vance Dunnam, James R. Dunnam, J. Robert Angel, Dunnam & Dunnam, LLP, and Central Transportation Systems, being all the remaining defendants in her original suit, is pending in case number 10-05-00193-CV.

            Walston continues to treat the Stewart parties as parties in the appeal from the original suit as well as parties in the severed suit. 

            The Stewart parties have filed a motion to dismiss them as parties to the second appeal, 10-05-00193-CV, because, they contend, they were severed from the remaining defendants and are not a party to the underlying judgment from which Walston is appealing.  Walston has recently filed various motions in both appeals.  Those include a motion for extension of time to file a formal bill of exception in case number 10-05-00193-CV, and a motion to consolidate the appeals in 10-05-00135-CV and 10-05-00193-CV.

            Walston’s motions are granted in part and denied in part.  The Stewart parties’ motion is granted in part and denied in part as more fully explained below.

            Walston’s time to file a formal bill of exception is extended until August 10, 2005.  No further extensions will be entertained.

            The appeals in case numbers 10-05-00135-CV and 10-05-00193-CV are combined for the purpose of the use of the record.  The record in 10-05-00135-CV will be used in 10-05-00193-CV and we will accept a supplemental record as necessary for additional documents in 10-05-00193-CV that relate only to that appeal. 

            All complaints, however, about the severance and judgment in case number 10-05-00135-CV must be briefed and will be disposed of in that appeal.  The Stewart parties are not, at this time, parties to case number 10-05-00193-CV.

            Any determination regarding oral argument will be permitted in these two appeals and whether the arguments, if permitted, will be combined will be made at a later date.

            Accordingly, in summary,

1. Walston’s motion for extension of time to file a formal bill of exception is granted.  The bill is due August 10, 2005.

2. Walston’s motion to consolidate appeals is denied except to the extent that the record from case number 10-05-00135-CV will be regarded as also filed in case number 10-05-00193-CV.  The request for a consolidated argument is taken under advisement.

3. The Stewart parties’ motion to dismiss is granted in part.  The Stewart parties are not parties to case number 10-05-00193-CV and should not be served with copies of documents filed in that appeal.  The Stewart parties’ request for attorney’s fees is denied.

                                                                                    PER CURIAM

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

(Justice Vance concurring)*

Order issued and filed July 22 2005

Do not publish

[CV06]

* “(Justice Vance concurs in the order, but would grant the Stewart parties’ request for attorney’s fees.).”