Beverly Straub v. Pesca Holding LLC ( 2020 )

Fourth Court of Appeals
San Antonio, Texas
October 21, 2020
No. 04-20-00276-CV
Beverly STRAUB,
Appellant
v.
PRESCA HOLDING LLC,
Appellee
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2019-CI-07873
Honorable Rosie Alvarado, Judge Presiding
ORDER
Appellee Pesca Holding LLC filed its brief on October 12, 2020. The printed brief
consists of one hundred eleven pages and does not contain a Summary of the Argument section.
Contra TEX. R. APP. P. 38.1(h). The included portions of the brief contain more than 15,000
words, contra id. R. 9.4(i)(2)(B), and the brief’s typefaces and spacing are smaller than required
in portions of the brief, contra id. R. 9.4(d),(e). The brief fails to conform with the Rules.
This court may strike a brief that fails to conform with the Texas Rules of Appellate
Procedure. Id. R. 9.4(k). Therefore, we STRIKE Appellee’s brief and ORDER Appellee Pesca
Holding LLC to file an amended brief within FIFTEEN DAYS of the date of this order. The
amended brief must correct all the violations listed above and fully comply with the
applicable rules. See, e.g., id. R. 9.4, 38.1.
If the amended brief does not comply with this order, we may STRIKE Appellee’s brief
and set this cause for submission without an appellee’s brief. See Jackson v. Tex. Bd. of Pardons
& Paroles, No. 01-03-00862-CV, 2008 WL 921035, at *1 n.2 (Tex. App.—Houston [1st Dist.]
Apr. 3, 2008, no pet.) (mem. op.) (“‘In a civil case, the court will accept as true the facts stated
[in the appellant’s brief] unless another party contradicts them.’” (alteration in original) (quoting
Tex. R. App. P. 38.1(g))).
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 21st day of October, 2020.
___________________________________
MICHAEL A. CRUZ, Clerk of Court