Texas Commission on Environmental Quality and Ervin Coblentz

d/b/a Americalf/City of Waco, Texas, Appellees

Appellee Texas Commission on Environmental Quality (TCEQ) has filed an unopposed motion to consolidate this appeal and a second appeal currently pending in this Court as cause 03-04-00336-CV, Pat and Tracey Wilson, Kobie Wood and the John S. Welsh Estate/Ervin Coblentz d/b/a Americalf v. Texas Commission on Environmental Quality and Ervin Coblentz d/b/a Americalf/Pat and Tracey Wilson, Kobie Wood and the John S. Welsh Estate. Although the two cases retained separate cause numbers in the trial court, they were heard together and a single judgment disposed of both. Accordingly, the two appeals involve the same parties, the same judgment, and the same record. Because a copy of the reporter's record has already been filed in cause 03-04-00337-CV, the motion requests that we consolidate cause 03-04-00336-CV into 03-04-00337-CV for all purposes. We grant the motion and consolidate the appeals. The appeal will continue as cause number 03-04-00337-CV, styled City of Waco, Texas; Pat and Tracey Wilson; Kobie Wood; and the John S. Welsh Estate/Ervin Coblentz d/b/a Americalf v. Texas Commission on Environmental Quality and Ervin Coblentz d/b/a Americalf/City of Waco, Texas; Pat and Tracey Wilson; Kobie Wood; and the John S. Welsh Estate. The clerk's record already filed in 03-04-00336-CV is transferred to 03-04-00337-CV. A motion for extension of time to set the deadline for all appellant's briefs in cause 03-03-00337-CV as September 7, 2004, has already been granted by the Court.

Because there will be no further filings in cause number 03-04-00336-CV, that appeal will be dismissed in a separate memorandum opinion.

It is ordered August 12, 2004.

W. Kenneth Law, Chief Justice

Before Chief Justice Law, Justices Kidd and B. A. Smith

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