Beverly Straub v. Pesca Holding LLC

Court of Appeals of Texas

Beverly Straub v. Pesca Holding LLC

DecidedOctober 21, 2020

Docket04-20-00276-CV

StatusPublished

This text of Beverly Straub v. Pesca Holding LLC (Beverly Straub v. Pesca Holding LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Beverly Straub v. Pesca Holding LLC, (Tex. Ct. App. 2020).

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Opinion

Fourth Court of Appeals San Antonio, Texas October 21, 2020

No. 04-20-00276-CV

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))). _________________________________ 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.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas October 21, 2020

No. 04-20-00276-CV

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))). _________________________________ 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.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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