Stutz Road Limited Partnership and William D. White, III v. Weekley Homes, L.P. D/B/A David Weekley Homes and Priority Development, L.P. ( 2014 )

Order entered May 2, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01752-CV
STUTZ ROAD LIMITED PARTNERSHIP, ET AL., Appellants
V.
WEEKLEY HOMES, L.P. D/B/A DAVID WEEKLEY HOMES, ET AL., Appellees
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-10-01696-B
ORDER
Before the Court are the April 29, 2014 unopposed motion of appellants Stutz Road
Partnership and William D. White for an extension of time to file a brief and the April 29, 2014
unopposed joinder in the motion for an extension of time to file the opening briefs of all
appellants and a request for clarification on the sequence of briefing. Three notices of appeal
were timely filed. The first one was filed by Stutz Road Limited Partnership and William D.
White, III. Their docketing statement lists Weekly Homes, L.P., et al. and Priority Development,
LLC as appellees. The second one was filed by Len Mac Development Corp. On its docketing
statement, Len Mac Development Corp. lists Priority Development, LLC as the appellee. The
third notice of appeal was filed by Priority Development, LLC. The Court has designated
Priority Development, LLC as a cross-appellant. In its docketing statement, Priority
Development lists Len Mac Development Corp., Stutz Road Limited Partnership, and William
D. White, III as cross-appellees.
An appellant’s brief is due thirty days after the record is filed and appellee’s brief is due
thirty days after appellant’s brief is filed. See TEX. R. APP. P. 38.6(a) & (b). Based on our local
rules, the briefs to be filed by the parties in a civil appeal in which a cross-appeal has been timely
filed are:
(a) the appellant’s brief;
(b) a combined appellee’s and cross-appellant’s brief;
(c) a combined appellant’s reply and cross-appellee’s brief; and
(d) the cross-appellant’s reply brief.
See 5th Tex. App. (Dallas) Loc. R. 10.1.
We GRANT the parties’ motions as follows: Stutz Road Limited Partnership, William
D. White, III, and Len Mac Development Corp. shall file their respective appellants’ briefs on or
before June 2, 2014. Weekly Homes, L.P. shall file its appellee’s brief and Priority
Development, L.P. shall file its combined appellee/cross-appellant’s brief thirty days after
appellants file their respective briefs. See id. 10.3(b). Stutz Road Limited Partnership and
William D. White, III shall file its reply brief, if any, to Weekly Homes, L.P.’s brief twenty days
after Weekly Homes, L.P.’s brief is filed. See TEX. R. APP. P. 38.6(c). Stutz Road Limited
Partnership, William D. White, III, and Len Mac Development Corp. shall file their respective
combined reply/cross-appellees’ briefs to Priority Development Corp.’s combined brief thirty
days after Priority Development Corp. files its combined brief. See 5th Tex. App. (Dallas) Loc.
R. 10.3(c). Priority Development Corp. shall file its reply brief, if any, twenty days after Stutz
Road Limited Partnership, William D. White, III, and Len Mac Development Corp. file their
respective cross-appellees’ briefs. See id. 10.3(d).
/s/ ADA BROWN
JUSTICE