Opinion
01-24-00435-CV
11-21-2024
Charles Austin v. Extruded Aluminum Corp.
Trial court: 458th District Court of Fort Bend County Trial court case number: 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" with the Clerk of this Court. 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 requested 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). While Stratosphere Quality, LLC is not a party to this appeal, the rules allow for a brief to be submitted by an "amicus curiae" to an appeal. See Tex. R. App. P. 11. However, the brief submitted by Stratosphere Quality, LLC did not comply with the requirements of a brief of an "amicus curiae."
Accordingly, on November 14, 2024, we issued an order directing Stratosphere Quality, LLC to, within ten days, file a supplement to bring its brief into compliance with rule 11, and that the failure to do so would result in the brief being stricken. In response to the Court's order, on November 15, 2024, Stratosphere Quality, LLC filed a supplement to its brief in support of appellant, bringing its brief into compliance with requirements of a brief of an amicus curiae as set forth in Texas Rule of Appellate Procedure 11.
Accordingly, appellee's motion to strike is denied and the Clerk of this Court is directed to accept as "received" the September 17, 2024 "Brief in Support of Appellant" and November 15, 2024 "Supplement to Stratosphere's Brief in Support" of appellant, submitted by Stratosphere Quality, LLC as an amicus curiae brief.
It is so ORDERED.