Gregory Brenner and Progressive Entities Inc. v. Benji F. Aldredge

Court of Appeals of Texas

Gregory Brenner and Progressive Entities Inc. v. Benji F. Aldredge

DecidedAugust 15, 2017

Docket04-17-00387-CV

StatusPublished

This text of Gregory Brenner and Progressive Entities Inc. v. Benji F. Aldredge (Gregory Brenner and Progressive Entities Inc. v. Benji F. Aldredge) 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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Gregory Brenner and Progressive Entities Inc. v. Benji F. Aldredge, (Tex. Ct. App. 2017).

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Opinion

Fourth Court of Appeals San Antonio, Texas August 15, 2017

No. 04-17-00387-CV

Gregory BRENNER and Progressive Entities Inc., Appellants

v.

Benji F. ALDREDGE, Appellee

From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 13-435CCL Honorable Bill R. Palmer, Judge Presiding

ORDER Appellee’s brief was due on August 8, 2017. See TEX. R. APP. P. 38.6(b). To date, no Appellee’s brief or motion for extension of time has been filed. If Appellee wishes to file a brief in this appeal, Appellee is hereby ORDERED to file within TEN DAYS of the date of this order (1) Appellee’s brief and (2) a reasonable explanation for failing to timely file the brief. See id. R. 38.6(d). If Appellee wishes his response to serve as a motion for extension of time, the response must comply with Rule 10.5(b)(1) of the Texas Rules of Appellate Procedure and the Fourth Court of Appeals’ local rules. See id. R. 10.5(b)(1); 4TH TEX. APP. (SAN ANTONIO) LOC. RS., http://www.txcourts.gov/4thcoa/practice-before-the- court/ local-rules.aspx. If Appellee fails to file an adequate response within TEN DAYS of the date of this order, the appeal will be set for submission without 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 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 15th day of August, 2017.

___________________________________ Luz Estrada Chief Deputy Clerk

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Fourth Court of Appeals San Antonio, Texas August 15, 2017

No. 04-17-00387-CV

Gregory BRENNER and Progressive Entities Inc., Appellants

v.

Benji F. ALDREDGE, Appellee

From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 13-435CCL Honorable Bill R. Palmer, Judge Presiding

ORDER Appellee’s brief was due on August 8, 2017. See TEX. R. APP. P. 38.6(b). To date, no Appellee’s brief or motion for extension of time has been filed. If Appellee wishes to file a brief in this appeal, Appellee is hereby ORDERED to file within TEN DAYS of the date of this order (1) Appellee’s brief and (2) a reasonable explanation for failing to timely file the brief. See id. R. 38.6(d). If Appellee wishes his response to serve as a motion for extension of time, the response must comply with Rule 10.5(b)(1) of the Texas Rules of Appellate Procedure and the Fourth Court of Appeals’ local rules. See id. R. 10.5(b)(1); 4TH TEX. APP. (SAN ANTONIO) LOC. RS., http://www.txcourts.gov/4thcoa/practice-before-the- court/ local-rules.aspx. If Appellee fails to file an adequate response within TEN DAYS of the date of this order, the appeal will be set for submission without 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 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 15th day of August, 2017.

___________________________________ Luz Estrada Chief Deputy Clerk

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Gregory Brenner and Progressive Entities Inc. v. Benji F. Aldredge, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-brenner-and-progressive-entities-inc-v-benji-f-aldredge-texapp-2017.