No. 01-98-00584-CV.Court of Appeals of Texas, First District, Houston.
Opinion issued July 17, 2003.
Appeal from the 312th District Court, Harris County, Texas, Trial Court Cause No. 97-08287.
Thomas Webster Heeter 1240 6th Street Corning, Ca 96021, for appellant.
Stewart W. Gagnon Fulbright Jaworski, L.L.P. 1301 McKinney, Suite 5100 Houston, TX 77010-3095, for appellee.
Panel consists of Justices HEDGES, NUCHIA, and KEYES.
MEMORANDUM OPINION
PER CURIAM.
This is an interlocutory appeal from two interlocutory orders signed on March 30, 1998, affirming and clarifying the appointment, authority, and actions of the receiver, appellee Barbara K. Runge, who was previously appointed by the trial court to take control of and manage several corporations owned and controlled by appellant and appellee, Linda Jean Hobbs Heeter, and temporarily enjoining appellant from taking certain actions with regard to those corporations.
On April 10, 2003, among other things, we ordered appellant to file his brief by May 5, 2003, including in the brief an explanation why this appeal should not be dismissed as moot in light of the final judgment signed May 21, 1999 in the underlying case, which is currently on appeal in this Court under a different cause number.
Appellee, Linda Jean Hobbs Heeter, has filed a motion to dismiss the appeal, and appellant, Thomas Webster Heeter, has filed a response to the motion to dismiss as well as a motion to consolidate this appeal with 01-99-00252-CV, Thomas W. Heeter and Lyerly Business Park, Inc. v. Linda Jean Hobbs Heeter and Barbara K. Runge. In his motion to consolidate, appellant states that until July 3, 2003, when he received appellee’s motion to dismiss, he was unaware that issues concerning the interlocutory March 30, 1998 order affirming receiver’s actions and injunction and order clarifying receiver’s authority were under this appeal number, 01-98-00584-CV, rather than under appeal number 01-99-00252-CV. Appellant states he has addressed issues related to those orders in the brief he filed in appeal number 01-99-00252-CV. In his reply to appellee’s, motion to dismiss the appeal, appellant requests consolidation of this appeal with appeal number 01-99-00252-CV or, alternatively, dismissal of this appeal and authorization to raise the issues relative to the trial court’s interlocutory March 30, 1998 orders in appeal number 01-99-00252-CV.
We grant appellant’s latter request. We dismiss this appeal, but authorize appellant to raise the issues relative to the trial court’s interlocutory March 30, 1998 orders in his brief in appeal number 01-99-00252-CV. We ORDER the record from appeal number 01-98-00584-CV transferred to the record of 01-99-00252-CV.
We dismiss appellee’s motion to dismiss and all other pending motions, if any, as moot.
It is so ORDERED.