Opinion
01-24-00435-CV
11-14-2024
Charles Austin v. Extruded Aluminum Corp.
458th District Court of Fort Bend County No. 23-DCV-309088
ORDER
David Gunn, Judge
Appellant, Charles Austin, filed a notice of interlocutory appeal from the trial court's May 22, 2024 order granting the special appearance of appellee, Extruded Aluminum Corp. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7). According to the Court's records, no other party to the underlying lawsuit filed a notice of appeal from the trial court's May 22, 2024 order. Therefore, the Court's records reflect that the only parties to this appeal are appellant, Charles Austin, and appellee, Extruded Aluminum Corp.
Appellant filed his brief on August 15, 2024 and appellee filed its brief on September 5, 2024. However, on September 17, 2024, Stratosphere Quality, LLC, a defendant in the underlying lawsuit, filed a "Brief in Support of Appellant." But as noted above, Stratosphere Quality, LLC did not file a notice of appeal and is not a party to this appeal. On October 7, 2024, appellee filed an "Objection to Brief in Support of Appellant by Stratosphere Quality, LLC." In its objection, appellee noted that Stratosphere Quality, LLC is not a party to the appeal and therefore requests that its "brief be stricken" from the Court's records. We construe appellee's objection as a motion to strike Stratosphere Quality, LLC's brief in support of appellant.
The Texas Rules of Appellate Procedure generally permit briefs to be filed by only appellants and appellees. See generally Tex. R. App. P. 38.1 (requirements of appellant's brief), 38.2 (requirements of appellee's brief), 38.6 (establishing deadlines for appellant and appellee's briefs). Because Stratosphere Quality, LLC has not filed a notice of appeal and is not a party to this appeal, it is not permitted to file an appellant or appellee's brief.
Stratosphere Quality, LLC's brief does not identify itself as a party, and instead states that it is a "brief in support of appellant." The Texas Rules of Appellate Procedure allow for a brief to be filed by an "amicus curiae" to an appeal. See Tex. R. App. P. 11. However, Stratosphere Quality, LLC's brief does not fully comply with the requirements of brief filed by an "amicus curiae." Specifically, the brief does not "disclose the source of any fee paid or to be paid for preparing the brief." See Tex. R. App. P. 11(c).
Stratosphere Quality, LLC is therefore directed to, within ten days of the date of this order, file a supplement to its September 17, 2024 "Brief in Support of Appellant" disclosing the source of any fee paid for preparing the brief in compliance with rule 11. Failure to do so will result in Stratosphere Quality, LLC's "Brief in Support of Appellant" being stricken from the Court's records.
It is so ORDERED.