Carolyn Barnes v. Velocity Credit UnionAppeal from 277th District Court of Williamson County (memorandum opinion )

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00154-CV NO. 03-13-00155-CV Carolyn Barnes, Appellant v. Velocity Credit Union, Appellee FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT NOS. 12-1288-C277 & 12-0459-T277, HONORABLE KEN ANDERSON, JUDGE PRESIDING MEMORANDUM OPINION In trial court cause number 12-0459-T277, appellant Carolyn Barnes asserted claims against defendants that included appellee Velocity Credit Union. Velocity subsequently obtained a summary judgment against Barnes, and the district court, on Velocity s motion, severed Barnes s claims against Velocity into a separate cause number, 12-1288-C277, making the summary judgment final. Barnes filed a notice of appeal referencing both cause numbers, which were docketed as separate appeals 03-13-00154-CV for the appeal from trial court cause number 12-1288-C277, and 03-13-00155-CV for the appeal from trial court cause number 12-0459-T277. Indicating that trial court cause number 12-1288-C277 is the intended subject of her appeal, Barnes has moved that we consolidate the two appellate causes into 03-13-00154-CV (the appeal from 12-1288-C277) and dismiss appellate cause 03-13-00155-CV. Velocity agrees that only trial court cause number 12-1288-C277 is the subject of Barnes s appeal and does not object to consolidation. We therefore grant Barnes s motion and consolidate appellate cause number 03-13-00155-CV into cause number 03-13-00154-CV. The record and all filings from cause number 03-13-00155-CV are transferred into cause number 03-13-00154-CV, and cause number 03-1300155-CV is dismissed. _____________________________________________ Bob Pemberton, Justice Before Justices Puryear, Pemberton and Rose 03-13-00154-CV Consolidated 03-13-00155-CV Dismissed Filed: May 17, 2013 2

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