Golden Peanut Company, LLC D/B/A Golden Peanut and Tree Nuts v. Give and Go Prepared Foods Corp.

Opinion

Order entered March 29, 2019

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-00626-CV

GOLDEN PEANUT COMPANY, LLC D/B/A GOLDEN PEANUT AND TREE NUTS, Appellant

V.

GIVE AND GO PREPARED FOODS CORP., Appellee

On Appeal from the 101st Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-17-13535

ORDER

Before the Court is appellee Give and Go Prepared Foods Corporation’s March 26, 2019

objection to the March 25, 2019 “Oral Argument Exhibits” filed by appellant Golden Peanut Company, LLC d/b/a Golden Peanut and Tree Nuts. Appellee asks this Court to “strike” appellant’s “Oral Argument Exhibits” as untimely “additional briefing.” Further, during this case’s March 26, 2019 oral submission, appellee requested that in the event this Court does not strike those exhibits, appellee be permitted to submit “additional briefing.”

We DENY appellee’s request to strike appellant’s “Oral Argument Exhibits” and GRANT appellee’s request to submit a supplemental brief. We ORDER that any supplemental brief submitted by appellee must be filed within ten days of the date of this order and must not exceed the word count of appellant’s “Oral Argument Exhibits,” which is 1,750 words. See TEX. R. APP. P. 9.4(i)(1).

/s/ DAVID L. BRIDGES

PRESIDING JUSTICE