Court of Civil Appeals of Texas, 2013

State

State
Court of Civil Appeals of Texas · Decided April 2, 2013

State

Opinion

COURT OF APPEALS CATHERINE STONE FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF KAREN ANGELINI 300 DOLOROSA, SUITE 3200 COURT SANDEE BRYAN MARION SAN ANTONIO, TEXAS 78205-3037 MARIALYN BARNARD WWW.4THCOA.COURTS.STATE.TX.US REBECA C. MARTINEZ TELEPHONE PATRICIA O. ALVAREZ (210) 335-2635 LUZ ELENA D. CHAPA JUSTICES FACSIMILE NO. (210) 335-2762

April 2, 2013 Michael Stephen Raign Susan D. Reed Attorney At Law District Attorney, Bexar County E. Travis Building Paul Elizondo Tower 1 Suite 333 101 W. Nueva suite 370 San Antonio, TX 78205 San Antonio, TX 78205 RE: Court of Appeals Number: 04-13-00192-CV Trial Court Case Number: 2013-MH-0659 Style: The State of Texas for the Best Interest and Protection of S.S., a Mentally Ill Person

Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me. Very truly yours, KEITH E. HOTTLE, CLERK

_____________________________ Elizabeth Montoya Deputy Clerk, Ext. 53857

cc: Delcine Benavides Gerard Rickhoff Fourth Court of Appeals San Antonio, Texas April 2, 2013 No. 04-13-00192-CV and 04-13-00193-CV THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF S.S., A MENTALLY ILL PERSON, From the Probate Court No 1, Bexar County, Texas Trial Court No. 2013-MH-0659 and 2013-MH-0591 Honorable Polly Jackson Spencer, Judge Presiding

ORDER On March 27, 2013, appellant filed a motion to consolidate appeal cause numbers 04-13- 00192-CV and 04-13-00193-CV. Appellant’s Certificate of Conference states appellant’s counsel attempted to confer with the State, but was informed no attorney in the Bexar County District Attorney’s Office has yet been assigned to the appeals. We have reviewed the cases, and agree the two cases are similar enough to treat them as one case.

Therefore, the motion is GRANTED and it is ORDERED that the two cases shall be consolidated for briefing and argument purposes (if argument is requested and granted). The parties shall file motions, briefs, and other pleadings as if the two appeals were one case, but shall put both appeal numbers in the style of the case. The record, however, shall remain separated. If oral argument is requested and granted, both cases shall be argued together, as a single appeal, and the total time limit for each side at oral argument shall equal the ordinary time limit for a single appeal. The court will dispose of the entire case with the same judgment, opinion, and mandate.

Delcine Benavides, who is the court reporter responsible for preparing, certifying, and filing the reporter’s record in both cases, is reminded that the record was due March 25, 2013

____________________________________ Sandee Bryan Marion, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of April, 2013.

____________________________________ Keith E. Hottle Clerk of Court MINUTES Court of Appeals Fourth Court of Appeals District San Antonio, Texas April 2, 2013 No. 04-13-00192-CV and 04-13-00193-CV THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF S.S., A MENTALLY ILL PERSON, From the Probate Court No 1, Bexar County, Texas Trial Court No. 2013-MH-0659 and 2013-MH-0591 Honorable Polly Jackson Spencer, Judge Presiding

ORDER On March 27, 2013, appellant filed a motion to consolidate appeal cause numbers 04-13- 00192-CV and 04-13-00193-CV. Appellant’s Certificate of Conference states appellant’s counsel attempted to confer with the State, but was informed no attorney in the Bexar County District Attorney’s Office has yet been assigned to the appeals. We have reviewed the cases, and agree the two cases are similar enough to treat them as one case.

Therefore, the motion is GRANTED and it is ORDERED that the two cases shall be consolidated for briefing and argument purposes (if argument is requested and granted). The parties shall file motions, briefs, and other pleadings as if the two appeals were one case, but shall put both appeal numbers in the style of the case. The record, however, shall remain separated. If oral argument is requested and granted, both cases shall be argued together, as a single appeal, and the total time limit for each side at oral argument shall equal the ordinary time limit for a single appeal. The court will dispose of the entire case with the same judgment, opinion, and mandate.

Delcine Benavides, who is the court reporter responsible for preparing, certifying, and filing the reporter’s record in both cases, is reminded that the record was due March 25, 2013

Sandee Bryan Marion Sandee Bryan Marion, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of April, 2013.

/s/ Keith E. Hottle Keith E. Hottle Clerk of Court

Entered this 2nd day of April, 2013. VOL____PAGE____

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