### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-18-00518- CV NO. 03-18-00634- CV

Jam es Mc Coy, Appellant

v. Dale Wainw right, Chairm an of the Texas Board of Crim inal Ju stice, and Kenneth Gr een, Disciplinary Captain of the Mic hael Unit, App ellees

F ROM TH E DISTRI CT COURT O F TRAVIS CO UNTY, 200 TH JUDICI AL DISTRICT NO. D-1 -GN-1 7-0 0308 3, H ONO RAB LE O RLINDA NARANJO , JUDGE P RESIDING

M E M O R A N D U M O P I N I O N P ER CURIAM

The above- ref

ere nced cause s eac h arise from the same trial-cour t cause , C ause No. D-1-G

N-1-003083, a suit that was dismiss ed with prejudice under Chapter 14 of the Texas Civil Practice an d R em ed ies Code. The trial court signe d an order dismiss ing plaintiff’s claims with prejudice on J u l y 2 0 , 2 0 1 8

. McCoy appea led that judgme nt, and the appea l was dockete d in this Court as Cause No. 03-18-00518- CV. McCoy also appea led an order deny ing h i s “P l ai ntiff’s Motion to Ex tend Time to File Motion to Reinstate or Alterna tively Motion t o Va ca t e, ” and the appea l was docke ted in this Court as Cause No. 03-18-00634- CV.

On September 26, 2018, we notified McCoy that o u r i n i t i al revie w of Cause No. 03-18-00634- CV indicated that the Court lacks jurisdiction over that matter beca use he alre ady has an appea l pending from the final order in the same trial-cour t case , and in most proce eding s, onlyone final and appea lable judgme nt may be rende red. I n response to our reque st that McCoy explain

how the Court may exercise jurisdiction over Cause No. 03-18-00634- CV, he filed a motion to proce ed with that appea l and to dismiss Cause No. 0 3 -1 8 -0 0 5 1 8-CV. McCoy explained in his motion that he wished to pr ocee d with his appea l in Cause No. 03-18-00634- CV beca use “it is the final, Final Orde r.” We disag ree . The trial court’s J uly 20, 2018 order dismiss ed McCoy ’s claims with prejudice for failure to comply with Chapter 14 of the Texas Civil Practice and Remedies Code. The order s t at es t h at it “disposes of all claims and all parties and will opera te as a F INAL JUDG MENT .” Appellate courts are require d to take at fac e value an order that includes a finality phrase clea

rly and unequivoca lly stating that it f inally disposes of all claims and all parties. See In

re Elizondo , 544 S.W .3d 824, 827-28 (Tex. 2018). Acc ording ly , the J uly 20, 2018 order is the final order in the underly ing pr ocee ding. Be cause McCoy indicates in his motion that he wishes to proce ed w it h a n a ppeal from the t ri al -c o u rt case , on the C ourt’s own motion, we consolidate Cause Nos. 03-18-00518- CV and 03-18-00634- CV for all purposes. The rec ords filed in Caus e No

. 0 3-18-00634- CV shall be 1 transf er re d to Cause No. 03-18-00518- CV. The consolidated cause s will proce ed under the following sty le: Jame

s McCoy v. Dale W

ainwright , Chairman of the T

ex a s Board of Criminal Justice, and Kenneth Gree n, Disciplinary Captain of the Michae l Unit

. Cause No. 03-18-00634- CV is dismi ssed. 2

Th i s co nsolidation of the appea ls and dismiss al of Cause No. 03-18-00634- CV does 1 not prec lude McC o y from raising any appellate issues rela ted to the trial court’s denial of his “Plaintiff’s Motion to Ex tend Time to File Motion to Reinstate or Alterna tively Motion to Vac ate.” W e d i smiss as moot McCoy ’s “Motion to Procee d with Appea l 03-18-00634- CV and 2 Motion to Dism iss 03-18-00518-CV.” 2Be fore Chief J ustice Rose, Jus tices F ield and Toth

03-18-00518- CV Consolidated 03-18-00634- CV Dismissed Filed: Nove mber 1, 2018

3