Fieldale Farms Corporation, Ozark Mountain Poultry, Inc., and House of Raeford Farms, Inc. v. SOMMA Food Group, LLC ( 2020 )

Order entered October 7, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00191-CV FIELDALE FARMS CORPORATION, OZARK MOUNTAIN POULTRY, INC., AND HOUSE OF RAEFORD FARMS, INC., Appellants/Cross- Appellees V. SOMMA FOOD GROUP, LLC, Appellee/Cross-Appellant On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-00698 ORDER Although appellee/cross-appellant SOMMA Food Group was ordered to file a combined responsive and cross-appellant’s brief within thirty days of the filing of appellants’ opening briefs, it filed its cross-appellant’s brief at the time appellants/cross-appellees filed their opening briefs. SOMMA now seeks, along with the appellants/cross-appellees, an extension of time to file the appellee’s and cross-appellees’ responsive briefs. Local Rule 5(a) provides, in relevant part, as follows: In a civil appeal in which a cross-appeal has been timely filed, the briefs to be filed by the parties are: 1) The appellant’s brief. 2) A combined appellee’s and cross-appellant’s brief. 3) A combined appellant’s reply brief and cross-appellee’s brief. 4) The cross-appellant’s reply brief. 5th Tex. App. (Dallas) Loc. R. 5(a). Accordingly, we STRIKE SOMMA’s cross- appellant’s brief. We GRANT the extension motion TO THE EXTENT that we ORDER SOMMA to file its combined appellee’s and cross-appellant’s brief no later than November 20, 2020. Appellants/cross-appellees shall each file their combined appellant’s reply and cross-appellee’s briefs within thirty days of the date the appellee’s/cross-appellant’s brief is filed. /s/ BILL WHITEHILL JUSTICE