Holly Ridge Healthcare, P.A. v. United Biologics, LLC D/B/A United Allergy Services

• Court: Court of Appeals of Texas
• Decided: November 30, 2015
• Docket: 04-15-00563-CV
• Status: Published

Opinion

United Biologics, LLC d/b/a United Allergy

Fourth Court of Appeals San Antonio, Texas November 30, 2015

No. 04-15-00563-CV

HOLLY RIDGE HEALTHCARE, P.A., Appellant

v.

UNITED BIOLOGICS, LLC d/b/a United Allergy Services, Appellee

From the County Court at Law No. 5, Bexar County, Texas Trial Court No. 2014CV02437 Jason W. Wolff, Judge Presiding

ORDER Appellee’s brief was due to be filed with this court on November 6, 2015. See TEX. R. APP. P. 38.6(b). To date, no Appellee’s brief or a 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 the 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., available at 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 30th day of November, 2015.

___________________________________ Keith E. Hottle Clerk of Court