Milton L Gardner v. Kimberly Reindollar

• Court: Court of Appeals of Texas
• Decided: January 16, 2014
• Docket: 10-13-00249-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-13-00249-CV

MILTON L. GARDNER, Appellant v.

KIMBERLY REINDOLLAR, Appellee

From the 77th District Court Limestone County, Texas Trial Court No. 30,200-A

ORDER

Appellee, Kimberly Reindollar, filed a motion to dismiss this appeal primarily

due to the failure of appellant, Milton Gardner, to abide by the briefing rules of the

Texas Rules of Appellate Procedure. See, e.g. TEX. R. APP. P. 38.1. Reindollar’s motion is

denied.

Reindollar should file a brief in response to Gardner’s brief that evidences her

best effort to address the merits of Gardner’s issues. This does not mean, however, that

Reindollar is prevented from asserting as a ground for overruling an issue that the issue may be inadequately briefed. Nevertheless, even if Reindollar asserts an issue is

inadequately briefed, she should still address the merits of the issue if at all possible.

In addition to responding to the merits of any of Reindollar’s arguments in her

brief, to the extent any argument is made in Reindollar’s brief that an issue is

inadequately briefed, Gardner will have 30 days to respond by supplementing his brief,

if he believes he should, to address Reindollar’s arguments.

Reindollar’s brief remains due by January 30, 2014.

PER CURIAM

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion denied Order issued and filed January 16, 2014

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