Opinion
No. 05-17-00276-CV
05-02-2018
JUAN A. MARQUEZ AND GROUP PACIFIC HOLDINGS, LLC, Appellants v. FRED T. WEADON AND A&W FOODS ENTERPRISES, INC., Appellees
On Appeal from the 219th Judicial District Court Collin County, Texas
Trial Court Cause No. 219-03271-2016
ORDER
Before the Court is appellees' motion, filed April 30, 2018, seeking an eight-day extension of time within which to file their appellees' response brief. Because this case is scheduled for submission on May 2, 2018, appellees also seek to postpone submission. Appellees contend appellants did not electronically copy counsel for appellees with appellants' initial brief or their amended brief. Appellees assert that because they did not know that appellants had filed a brief, they were unaware that they had any deadline or obligation to file a response brief.
On August 15, 2017, the Clerk of this Court notified counsel for appellee that appellant's brief had been filed that day. The record also reflects that the Clerk of this Court emailed counsel for appellees a copy of this Court's September 1, 2017, notice to appellants that their brief was deficient. Thus, appellees received notice from this Court that appellants had filed a brief, albeit deficient. According to Rule 38.6(b) of the Texas Rules for Appellate Procedure, an appellee's brief must be filed within thirty days after the date the appellant's brief was filed.
The record also reflects that on March 15, 2018, this Court provided notice to counsel for both parties that the appeal would be submitted without oral argument on May 2, 2018. Appellees were notified that the case was at issue and was scheduled for submission. Nevertheless, appellees did not file a responsive brief despite sufficient time within which to do so. We DENY appellees' motion for an extension of time to file their response brief.
/s/ DAVID L. BRIDGES
PRESIDING JUSTICE