Narrative Opinion Summary
In this case, Six Brothers Concrete Pumping, LLC and Joseph Lowry, appellants, initiated an interlocutory appeal against a temporary injunction issued by the trial court. Martin Tomczak, the appellee, also filed an appeal concerning the same injunction. The appellants later submitted a second appeal related to the denial of their motion to dismiss under the Texas Citizens Participation Act (TCPA), consolidating it with the initial appeal under the same appellate case number. The court addressed both appeals together, despite the TCPA order not being directly interlocutory in nature. Subsequently, the appellants requested permission to file supplemental briefs pertaining to the TCPA appeal and sought an extension for their reply brief, which was agreed upon by Tomczak. The court approved this request, establishing a detailed briefing schedule for both parties. The order was signed by Judge Peter Kelly, delineating the timelines for the filing of supplemental and response briefs, thereby setting the stage for further procedural developments in this appellate case.
Legal Issues Addressed
Appeal under Texas Citizens Participation Act (TCPA)subscribe to see similar legal issues
Application: The appellants' second notice of appeal concerned an order denying their motion to dismiss under the TCPA, which was consolidated with the interlocutory appeal.
Reasoning: The appellants also filed a second notice of appeal concerning a May 11, 2021 order that denied their motion to dismiss under the Texas Citizens Participation Act (TCPA), which was consolidated under the same appellate case number (01-21-00161-CV).
Interlocutory Appeal of Temporary Injunctionsubscribe to see similar legal issues
Application: The appellants filed an interlocutory appeal challenging a temporary injunction issued by the trial court.
Reasoning: Six Brothers Concrete Pumping, LLC and Joseph Lowry filed an interlocutory appeal on March 29, 2021, challenging a temporary injunction issued by the trial court on March 9, 2021.
Procedural Consolidation of Appealssubscribe to see similar legal issues
Application: The court consolidated the interlocutory appeal and the TCPA appeal under one appellate case number, addressing both appeals together.
Reasoning: The court noted that while the TCPA order may not be considered an interlocutory order regarding the same subject matter, it would still address both appeals together.
Supplemental Briefing and Extension Requestssubscribe to see similar legal issues
Application: The court granted the appellants' request to file supplemental briefs related to the TCPA appeal and for an extension of the reply brief deadline.
Reasoning: The court granted this motion and established a briefing schedule: 1) the appellants' supplemental brief on the TCPA order is due September 2, 2021; 2) Tomczak's response brief is due September 23, 2021; and 3) the appellants' reply brief on both the temporary injunction and TCPA motion is due October 7, 2021.