Opinion
NO. 14-17-00671-CV
10-31-2017
HOWARD F. LEDERER, Appellant/Cross-Appellee v. JAMES C. LEDERER, SUSAN LEDERER RUSSELL, KATHLEEN T. LEDERER, MARJORIE E. LEDERER, Appellees/Cross-Appellants
On Appeal from the 270th District Court Harris County, Texas
Trial Court Cause No. 2015-29219
ORDER
Appellant/cross-appellee Howard Lederer ("Howard") and appellees/cross-appellants James C. Lederer, Susan Lederer Russell, Kathleen T. Lederer, and Marjorie E. Lederer (collectively "James et al.") filed a joint motion (1) to adopt their agreement on a briefing schedule and word limits, and (2) for leave to assert cross-points in their respective responsive briefs.
The motion is GRANTED with respect to the briefing schedule and word limits. Accordingly, the deadlines and word limits for briefs in this case are:
| Party | Brief | Due Date (subject tomotion forextension) | Word Limit |
|---|---|---|---|
| Howard | Brief of appellant | December 8, 2017 | 15,000 |
| James et al. | Brief of appellees /brief of cross-appellants | January 19, 2018 | 30,000(15,000 for brief ofappellees; 15,000 forbrief of cross-appellants) |
| Howard | Reply brief ofappellant / brief ofcross-appellees | February 19, 2018 | 22,500(7,500 for reply briefof appellant; 15,000for brief of cross-appellee) |
| James et al. | Reply brief ofcross-appellees | March 12, 2018 | 7,500 |
The parties' second request is not clear. The title and first paragraph of the motion ask for "leave to assert cross-points in responsive briefs" (emphasis added). However, the conclusion of the motion asks us to "issue an order expressly allowing the parties to present arguments via cross-briefs as explained above" (emphasis added).
Texas Rules of Appellate Procedure 38.1 and 38.2 govern the required content of briefs."[A]ll issues or points presented for review" must be raised in an appellant's brief or cross-appellant's brief, respectively. See Tex. R. App. P. 38.1(f). Assertion of "cross-points" by an appellee or cross-appellee is governed by Rule 38.2(b). "Argument" in any brief is governed by Rule 38.1(i).
PER CURIAM