John Loan Price v. MG Building Materials, Ltd.

Opinion

Fourth Court of Appeals San Antonio, Texas February 4, 2019

No. 04-18-00760-CV

John Loan PRICE, Appellant

v.

MG BUILDING MATERIALS, LTD., Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 20417CV05199 Honorable Karen Crouch, Judge Presiding

ORDER Appellant’s brief was due to be filed by December 31, 2018. Neither the brief nor a motion for extension of time was filed. On January 7, 2019, this court ordered appellant to file, by January 22, 2019, a brief and a written response reasonably explaining: (1) his failure to timely file a brief, and (2) why appellee is not significantly injured by appellant’s failure to timely file a brief.

One day after the deadline, on January 23, 2019, appellant filed a brief but did not file a written response as required by the January 7 order. Accordingly, appellant’s late-filed brief will not be accepted until appellant files a written response reasonably explaining: (1) his failure to timely file a brief, and (2) why appellee is not significantly injured by appellant’s failure to timely file a brief. If appellant fails to file a written response within ten (10) days of the date of this order, we will dismiss the appeal. See TEX. R. APP. P. 42.3(c) (allowing involuntary dismissal if appellant fails to comply with court order).

_________________________________

Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of February, 2019.

___________________________________

KEITH E. HOTTLE, Clerk of Court