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Straub v. Presca Holding

Fourth Court of Appeals San Antonio, Texas
Oct 21, 2020
No. 04-20-00276-CV (Tex. App. Oct. 21, 2020)

Opinion

No. 04-20-00276-CV

10-21-2020

Beverly STRAUB, Appellant v. PRESCA HOLDING LLC, Appellee


From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2019-CI-07873
Honorable Rosie Alvarado, Judge Presiding

ORDER

Appellee Pesca Holding LLC filed its brief on October 12, 2020. The printed brief consists of one hundred eleven pages and does not contain a Summary of the Argument section. Contra TEX. R. APP. P. 38.1(h). The included portions of the brief contain more than 15,000 words, contra id. R. 9.4(i)(2)(B), and the brief's typefaces and spacing are smaller than required in portions of the brief, contra id. R. 9.4(d),(e). The brief fails to conform with the Rules.

This court may strike a brief that fails to conform with the Texas Rules of Appellate Procedure. Id. R. 9.4(k). Therefore, we STRIKE Appellee's brief and ORDER Appellee Pesca Holding LLC to file an amended brief within FIFTEEN DAYS of the date of this order. The amended brief must correct all the violations listed above and fully comply with the applicable rules. See, e.g., id. R. 9.4, 38.1.

If the amended brief does not comply with this order, we may STRIKE Appellee's brief and set this cause for submission without an appellee's brief. See Jackson v. Tex. Bd. of Pardons & Paroles, No. 01-03-00862-CV, 2008 WL 921035, at *1 n.2 (Tex. App.—Houston [1st Dist.] Apr. 3, 2008, no pet.) (mem. op.) ("'In a civil case, the court will accept as true the facts stated [in the appellant's brief] unless another party contradicts them.'" (alteration in original) (quoting Tex. R. App. P. 38.1(g))).

/s/_________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of October, 2020.

/s/_________

MICHAEL A. CRUZ, Clerk of Court


Summaries of

Straub v. Presca Holding

Fourth Court of Appeals San Antonio, Texas
Oct 21, 2020
No. 04-20-00276-CV (Tex. App. Oct. 21, 2020)
Case details for

Straub v. Presca Holding

Case Details

Full title:Beverly STRAUB, Appellant v. PRESCA HOLDING LLC, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Oct 21, 2020

Citations

No. 04-20-00276-CV (Tex. App. Oct. 21, 2020)