Full Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-25-00915-CV NO. 03-26-00161-CV Francine Lee Lankford, Appellant v. Tracy Ortiz; Noe Reyes; and McCreary, Veselka, Bragg & Allen, P.C., Appellees FROM THE 423RD DISTRICT COURT OF BASTROP COUNTY, NO. 423-6129 THE HONORABLE CHRISTOPHER DARROW DUGGAN, JUDGE PRESIDING M E M O RAN D U M O PI N I O N PER CURIAM On October 24, 2025, the trial court signed an order in Bastrop County Cause No. 423-6129 granting summary judgment for Tracy Ortiz as to the claims filed against her by the plaintiff, Francine Lee Lankford. The order did not dispose of Lankford’s claims against Noe Reyes or McCreary, Veselka, Bragg & Allen, P.C. in that case and was not a final judgment. Nonetheless, Lankford filed a notice of appeal from that order. This Court assigned No. 03-25- 00915-CV to that case. The parties have completed briefing in the case. On February 4, 2026, the trial court signed a separate order in Bastrop County Cause No. 423-6129 granting summary judgment for Reyes and McCreary, Veselka as to the claims filed against them by Lankford, thereby disposing of the remaining parties and issues in the case and making both orders final and appealable as of that date. The October 24, 2025 order was therefore merged into the February 4, 2026 order. Lankford filed a separate notice of appeal from the February 4, 2026 order, and this Court assigned Cause No. 03-26-00161-CV to that case. Briefing is ongoing in that case. Because these are duplicate appeals from the same trial court case, we consolidate the above-referenced appellate causes. Lankford’s earlier notice of appeal from the October 24, 2025 order constitutes a prematurely filed notice of appeal under the Texas Rules of Appellate Procedure. See Tex. R. App. P. 27.1(a). The records and documents filed in cause number 03-25- 00915-CV are consolidated into cause number 03-26-00161-CV. The consolidated appeal shall proceed under cause number 03-26-00161-CV, and cause number 03-25-00915-CV is dismissed. See Longoria v. Tolbert, No. 03-19-00057-CV, 2019 WL 2529671, at *1 (Tex. App.—Austin June 20, 2019, no pet.) (mem. op.) (consolidating and dismissing duplicate appeals). Before Chief Justice Byrne, Justices Crump and Jones* No. 03-25-00915-CV Dismissed No. 03-26-00161-CV Consolidated Filed: September 23, 2026 *Before J. Woodfin Jones, Chief Justice (Ret.), Third Court of Appeals, sitting by assignment. See Tex. Gov’t Code § 74.003(b). 2