Opinion
05-24-00018-CV
01-22-2024
DONALD S. MILES, Appellant v. VEDA SMITH MILES, Appellee
On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-51206-2022
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
Appellant filed a notice of appeal on January 5, 2024 and appellee filed a notice of cross-appeal on January 11, 2024. Before the Court is appellant's January 17, 2024 motion requesting that we deny appellee's notice of cross-appeal. The clerk's record has not been filed. Until it is filed, the Court is unable to determine the timeliness of appellant's notice of appeal. However, appellee's notice of cross-appeal was filed within fourteen days of appellant's notice of appeal. For this reason, we DENY the motion. See Tex. R. App. P. 26.1(d). Should the Court later determine that appellant's appeal was untimely filed, it will request jurisdictional briefing at that time.
Also before the Court is appellee's January 11, 2024 opposed motion to set briefing schedule. We GRANT the motion to the extent that appellee may file a combined appellee's / cross-appellant's brief within thirty days after appellant files his opening brief.