CourtListener 10681156•Leslie Paul Stephens v. George Gene Brummer and Kimale Langdon Brummer
Leslie Paul Stephens v. George Gene Brummer and Kimale Langdon Brummer
CourtListener 10681156Txctapp3Sep 24, 2025
Full text
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00173-CV
NO. 03-25-00174-CV
NO. 03-25-00175-CV
NO. 03-25-00176-CV
Leslie Paul Stephens, Appellant
v.
Cameron Arthur Bird, Judith Ann Bird; Benjamin Travis Robertson; Jessica Jane
Robertson; George Gene Brummer; Kimale Langdon Brummer; and Stone Mountain
Texas Property Owners’ Association, Inc.; Appellees
FROM THE 424TH DISTRICT COURT OF BURNET COUNTY
NO. 57494, THE HONORABLE EVAN C. STUBBS, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
Stone Mountain Texas Property Owners’ Association, Inc. filed a motion to
consolidate Leslie Paul Stephens’s appeals, arising from his underlying suit for declaratory relief.
All appellees are unopposed to Stone Mountain’s consolidation motion, which Stephens opposes.
In cause number 03-25-00173-CV, Stephens appeals an order granting Cameron
Arthur Bird and Judith Ann Bird’s plea to the jurisdiction. In cause number 03-25-00174,
Stephens appeals an order granting Benjamin Travis Robertson and Jessica Jane Robertson’s
plea to the jurisdiction. In cause number 03-25-00175-CV, Stephens appeals an order granting
George Gene Brummer and Kimale Langdon Brummer’s motion to dismiss under Texas Rule of
Civil Procedure 91a. Lastly, in cause number 03-25-00176, Stephens appeals an order granting
Stone Mountain’s combined motion to dismiss under Texas Rule of Civil Procedure 91a and plea
to the jurisdiction. Stone Mountain seeks consolidation in the interest of judicial economy and
for the parties’ convenience, noting that the appeals involve similar legal and fact questions. Cf.
In re Ethyl Corp., 975 S.W.2d 606, 610-12 (Tex. 1998) (noting that judicial economy and
convenience are relevant factors in determining whether to consolidate cases for trial). Further,
it asserts that no harm or prejudice will result from consolidation. See I-10 Colony, Inc. v. Chao
Kuan Lee, No. 01-14-00730-CV, 2014 WL 4723290, at *1 (Tex. App.—Houston [1st Dist.]
Sept. 23, 2014, no pet.) (mem. op.) (concluding that consolidation was proper for appeals
involving same parties and issues when no harm or prejudice would result to parties).
The motion is granted, and the appeals are consolidated. The issues, record, and
documents filed in cause numbers 03-25-00173-CV, 03-25-00174-CV, and 03-25-00175-CV are
consolidated into cause number 03-25-00176-CV. The consolidated appeal will proceed under
cause number 03-25-00176-CV, and cause numbers 03-25-00173-CV, 03-25-00174-CV, and
03-25-00175-CV are dismissed. See Cheney v. Levy Co., No. 03-19-00243-CV, 03-19-00334-CV
& 03-19-00335-CV, 2020 WL 6265656, at *2 (Tex. App.—Austin Oct. 23, 2020, no pet.) (mem.
op.) (consolidating appeals arising from separate orders, including order granting one
defendant’s rule 91a motion to dismiss and order granting another defendant’s plea to
jurisdiction); Coburn v. Moreland, Nos. 03-12-00662-CV & 03-12-00709-CV, 2013 WL
812082, at *1 (Tex. App.—Austin Feb. 26, 2013, no pet.) (mem. op.) (following similar
procedure). Briefing will proceed in accordance with the Texas Rules of Appellate Procedure.
Before Chief Justice Byrne, Justices Crump and Ellis
2
03-25-00173-CV Dismissed
03-25-00174-CV Dismissed
03-25-00175-CV Dismissed
03-25-00176-CV Consolidated
Filed: September 24, 2025
3
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