Opinion
01-23-00023-CV
02-01-2024
Arrow Field Services, LLC v. Linde Engineering North America Inc.
133rd District Court of Harris County, Trial court case No: 2019-89936
ORDER
Amparo Monique Guerra, Judge
Appellee, Linde Engineering North America Inc., has filed a motion to extend the deadline for filing its appellee's brief. Appellant, Arrow Field Services, LLC, filed its appellant's brief on September 29, 2023, making appellee's brief initially due on or before October 30, 2023. See Tex. R. App. P. 38.6(b). After obtaining three extensions from the Court, appellee's brief is currently due on or before January 29, 2024.
In its fourth motion for extension, appellee requests that the deadline be extended an additional ten days, to February 8, 2024. We conclude that appellee's motion has presented extraordinary circumstances for the requested extension. Further, appellee's motion includes a certificate of conference stating that appellant is not opposed to the requested extension. See Tex. R. App. P. 10.1(a)(5), 10.3(a)(1), (2).
Accordingly, we grant appellee's fourth motion to extend the deadline for filing its appellee's brief, due no later than February 8, 2024. Failure to file a brief by the extended deadline may result in the Court setting the appeal "at-issue" and considering the appeal without an appellee's brief. See Tex. R. App. P. 10.5(b), 38.6(d).
It is so ORDERED.