No. 01-15-00341-CV

IN THE

FIRST COURT OF APPEALS

Houston, Texas 

 

ELIZABETH A. LOUSTEAU AND BRETT CLANTON

Defendants/Appellants, 

v. 

JAIME L. NORIEGA AND SONIA A. NORIEGA

Plaintiffs/Appellees. 

 

Appeal from the 151st Judicial District Court 

Harris County, Texas 

No. 2013-35448 

 

APPELLANTS’ MOTION TO CONSOLIDATE AND MOTION FOR EXTENSION OF TIME

 

 Marianne G. Robak, TBA 24048508 

 email: mgrobak@law-crg.com

 1770 St. James Place, Suite 150 

 CERSONSKY, ROSEN & GARCIA, P.C. 

 Houston, Texas 77056 

 Tel: (713) 600-8500; FAX (713) 600-8585 

 ATTORNEYS FOR APPELLANTS,

ELIZABETH A. LOUSTEAU AND BRETT 

 CLANTON. 

 

 

ACCEPTED

01-15-00341-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/10/2015 1:59:13 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/10/2015 1:59:13 PM CHRISTOPHER A. PRINE Clerk
Appellants request that this Court consolidate this appeal, Appellate Court No. 01-15-

00341-CV with the Appellate Court No. 01-15-00254-CV. The reason for consolidation is that 

the two appeals involve the a judgment rendered in 2014-14152 and certain actions taken by the 

trial court post-judgment, including a consolidation and a severance which caused the judgment 

to essentially be put into two cases, 2013-35448 and 2013-35448-B. Therefore, it was necessary 

to file two Notice of Appeal. That being said, the appeals involve the same judgment, the same 

facts, the same parties, the same law, and the same appellate issues. However all of the pleadings 

and court records are in the main case, 2013-35448 and the judgment being appealed is in 2013-

35448-B. Therefore, these appellate cases should be consolidated.

Also, upon consolidation, this Court should permit the parties to rely on the clerk's 

records filed in both appeals for their briefs. Appellants' propose that the clerk's record filed in 

Appellate Court No. 01-15-00341-CV be considered volumes 1 and 2, and the clerk's record 

filed in Appellate Court No. 01-15-00254-CV be considered volumes 3 and 4.

Additionally, pursuant to Texas Rule of Appellate Procedure 10.5(b), Appellants request

a ten (10) day extension of the due date on its brief that is due in this matter, which will 

encompass all appellate issues from both 01-15-00341-CV and 01-15-00254-CV case. While 

Appellants' are prepared to file their brief for the 01-15-00341-CV appeal by the due date, 

additional time will be needed to reflect the consolidation within the brief. Appellants request 

that its brief on both appeals now be due on Wednesday, July 22, 2015. No previous extension 

of the due date for Appellants’ brief has been sought or granted.
Respectfully submitted,

/s/ Marianne G. Robak

Marianne G. Robak, TBA No. 24048508

mgrobak@law-crg.com

M. H. Cersonsky, State Bar: 04048500

mhcersonsky@law-crg.com

1770 Saint James Place, Suite 150

Houston, Texas 77056

Telephone: (713) 600-8500

Fax: (713) 600-8585

Attorneys for Defendants/Appellants,

Elizabeth A. Lousteau and Brett Clanton

CERTIFICATE OF CONFERENCE

Defendants’/Appellants’ attorney, Marianne G. Robak, attempted to contact 

Plaintiffs’/Appellees’ attorney, SJ Swanson, to find out if she was opposed or unopposed to the 

filing of Appellants' Motion to Consolidate and Motion for Extension of Time. At the time of this 

filing, I have not received a response.

/s/ Marianne G. Robak

Marianne G. Robak

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served to opposing 

counsel of record, pursuant to Rule 21a(a)(1) of the Texas Rules of Civil Procedure, as indicated 

below on this 10th of July, 2015:

Via electronic filing manager

Sarahjane “SJ” Davidson Swanson

Swanson Law Firm, PLLC

310 Main, Ste. 201

Houston, TX 77056

/s/ Marianne G. Robak

Marianne G. Robak