Opinion
No. 04-20-00153-CV
07-31-2020
REVCAP, LLC, Appellant v. Charles J. TROIS, Appellee
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2019-CI-23887
Honorable Norma Gonzales, Judge Presiding
ORDER
After this court's en banc order extended the due date for all pending briefs, Appellee's brief was due on June 30, 2020. See TEX. R. APP. P. 38.6(a). To date, Appellee has not filed the brief or a motion for extension of time to file the brief.
If Appellee wishes to file a brief in this appeal, Appellee is hereby ORDERED to file within TEN DAYS of the date of this order (1) Appellee's brief and (2) a reasonable explanation for failing to timely file the brief. See id. R. 38.6(d). If Appellee wishes the response to serve as a motion for extension of time, the response must comply with Rule 10.5(b)(1) of the Texas Rules of Appellate Procedure and the Fourth Court of Appeals' local rules. See id. R. 10.5(b)(1); 4TH TEX. APP. (SAN ANTONIO) LOC. RS., http://www.txcourts.gov/4thcoa/practice-before-the-court/ local-rules.aspx.
If Appellee fails to file an adequate response within TEN DAYS of the date of this order, the appeal will be set for submission without Appellee's brief. See Jackson v. Tex. Bd. of Pardons & Paroles, No. 01-03-00862-CV, 2008 WL 921035, at *1 n.2 (Tex. App.—Houston [1st Dist.] Apr. 3, 2008, no pet.) (mem. op.) ("'In a civil case, the court will accept as true the facts stated [in Appellant's brief] unless another party contradicts them.'" (alteration in original) (quoting TEX. R. APP. P. 38.1(g))).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of July, 2020.
/s/_________
Michael A. Cruz,
Clerk of Court