Subsea 7 Port Isabel, LLC v. Port Isabel Logistical Offshore Terminal, Inc. ( 2018 )

NUMBER 13-17-00144-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
SUBSEA 7 PORT ISABEL, LLC, Appellant,
v.
PORT ISABEL LOGISTICAL
OFFSHORE TERMINAL, INC., Appellee.
On appeal from the 107th District Court
of Cameron County, Texas.
ORDER
Before Justices Rodriguez, Contreras, and Hinojosa
Order Per Curiam
This cause is before the Court on appellant/cross-appellee Subsea 7 Port Isabel,
LLC’s motion to strike the response brief of appellee/cross-appellant Port Isabel Logistical
Offshore Terminal, Inc. (PILOT) and on PILOT’s response to Subsea 7’s motion to strike,
which includes an alternative motion to either exceed the word limit of its brief or to file
amended briefs. Also before the Court are Subsea 7’s reply in support of its motion to
strike, which includes a response to PILOT’s alternative motion, PILOT’s amended reply
to Subsea 7’s response to PILOT’s alternative motion, and PILOT’s second reply to
Subsea 7’s motion to strike and to Subsea’s response to PILOT’s alternative motion.
The Court, having examined and fully considered the documents on file in this
appeal and cross-appeal, is of the opinion that Subsea 7’s motion to strike PILOT’s
response brief should be denied. Nonetheless, without addressing the alleged silence of
rule 9.4 as to the aggregate word count limit in cross-appeals, PILOT has, in its brief and
response, exceeded the 27,000 aggregate word count of all briefs filed by a party by 1,493
words. See TEX. R. APP. P. 9.4(i)(2)(B) (“[T]he aggregate of all briefs filed by a party must
not exceed 27,000 words if computer-generated . . . .”). Pursuant to rule 9.4(i)(4), we
grant PILOT’s alternative motion to exceed the word count limit for its brief and response
by that amount. See id. 9.4(i)(4) (“A court may, on motion, permit a document that
exceeds the prescribed limit.”). Furthermore, we grant PILOT’s motion to the extent it
seeks a 7,500 word limit for a reply brief filed in this cause.
Subsea 7’s motion to strike PILOT’s response brief is DENIED. PILOT’s motion
to exceed the word count limit for its brief by 1,493 words and to file a reply brief with a
7,500 word limit is GRANTED.
PER CURIAM
Delivered and filed the
16th day of March, 2018.
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