Matthew Perdue and Team 1 Consulting, LLC v. Jay D. Pfeifer and CCNBI, Inc.

Opinion

Fourth Court of Appeals San Antonio, Texas December 29, 2016

No. 04-16-00395-CV

Matthew PERDUE and Team 1 Consulting, LLC, Appellants

v.

Jay D. PFEIFER and CCNBI, Inc., Appellees

From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CI-07859 Honorable Renée Yanta, Judge Presiding

ORDER On December 19, 2016, Jay D. Pfeifer and CCNBI, Inc., appellees, filed a brief in which they state that “[n]otices of appeal were timely filed by both Appellees on or about June 21, 2016.” Appellees’ Brief, p. 2. However, the clerk’s record that has been filed in this appeal does not contain notices of appeal filed by Pfeifer or CCNBI, Inc. The only notices of appeal contained in the clerk’s record are those filed by the appellants on June 21, 2016.

If Pfeifer and CCNBI, Inc. did in fact timely file notices of appeal, they must ensure that a supplemental clerk’s record containing these notices of appeal is filed in this court no later than January 13, 2017. See TEX. R. APP. P. 34.5(c) (allowing supplementation of the clerk’s record when a relevant item has been omitted). If a supplemental clerk’s record containing Pfeifer and CCNBI, Inc.’s notices of appeal is not filed in this court by the deadline, the court will presume that Pfeifer and CCNBI, Inc. did not timely file notices of appeal.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of December, 2016.

___________________________________ Keith E. Hottle Clerk of Court