Opinion
01-24-00702-CV
11-19-2024
Venable's Construction, Inc. v. Aspen Midstream, LLC
113th District Court of Harris County, Trial court case number: 2022-28820
ORDER
David Gunn, Judge
On September 16, 2024, appellant/cross-appellee, Venable's Construction, Inc., filed a notice of appeal from the trial court's August 19, 2024 final judgment. On September 30, 2024, appellee/cross-appellant, Aspen Midstream, LLC, filed a notice of cross-appeal.
The reporter's record was filed with the Clerk of this Court on October 15, 2024 and the clerk's record was filed on October 31, 2024. Accordingly, pursuant to the Texas Rules of Appellate Procedure, the deadline for any appellant to file an appellant's brief is December 2, 2024. See Tex. R. App. P. 38.6(a). Pursuant to the rules, Venable's and Aspen would generally be required to file an appellant/cross-appellant's brief not exceeding 15,000 words by that date. See Tex. R. App. P. 9.4(i)(2)(B). After Venable's and Aspen filed their respective appellant/cross-appellant's briefs, they would be required to file their appellee/cross-appellee's briefs, not exceeding 15,000 words, within thirty days of the filing of appellant/cross-appellant's briefs. See Tex. R. App. P. 9.4(i)(2)(B), 38.6(b). Finally, Venable's and Aspen would be entitled to file a reply brief, not to exceed 7,500 words, within twenty days of the filing of appellee and cross-appellee's briefs. See Tex. R. App. P. 9.4(i)(2)(C), 38.6(c).
On November 13, 2024 the parties filed a "Joint Motion to Establish Sequence and Length of Cross-Appeal Briefs." In their motion, the parties requested that the Court permit them to "follow a special convention for cross-appeal briefs," "[r]ather than have two parallel tracks of briefing." The parties proposed a modified schedule, including deadlines and word limits.
The Court appreciates the willingness of the parties to work together in streamlining the appeal. Upon a review of the appellate record, the Court encourages the parties to try in good faith to keep the briefing as short as possible. Word limits are not an advocate's enemy; they are an advocate's friend. Nonetheless, a modest expansion will be allowed.
The parties' motion is granted in part. The schedule set forth below will govern the briefing for this appeal and cross-appeal.
BRIEF
DUE DATE
WORD LIMIT
Venable's - Appellant's Brief
December 2, 2024
15,000 words
Aspen - Combined Appellee's Brief and Cross-Appellant's Brief
30 days after Venable's Appellant's Brief filed
27,500 words
Venable's- Combined Reply Brief and Cross-Appellee's Brief
30 days after Aspen's Combined Brief filed
20,000 words
Aspen - Reply Brief
20 days after Venable's Combined Reply Brief and Cross-Appellee's Brief filed
7, 500 words
It is so ORDERED.