B&V Landscaping v. Roscoe Robert Harvey, Nancy Joyce Harvey and Harvey R&N Trust ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
November 3, 2022
No. 04-22-00400-CV
B&V LANDSCAPING,
Appellant
v.
Roscoe Robert HARVEY, Nancy Joyce Harvey and Harvey R&N Trust,
Appellees
From the 198th Judicial District Court, Bandera County, Texas
Trial Court No. CVCD-XX-XXXXXXX
Honorable M. Rex Emerson, Judge Presiding
ORDER
Appellees’ brief was due on October 31, 2022. See TEX. R. APP. P. 38.6(b). To date, no
Appellees’ brief or motion for extension of time has been filed.
If Appellees wish to file a brief in this appeal, Appellees are hereby ordered to file
within ten days of the date of this order (1) Appellees’ brief and (2) a reasonable explanation for
failing to timely file the brief. See id. R. 38.6(d). If Appellees wish the response to serve as a
motion for extension of time, the response must comply with Rule 10.5(b)(1) of the Texas Rules
of Appellate Procedure and the Fourth Court of Appeals’ local rules. See id. R. 10.5(b)(1); 4TH
TEX. APP. (SAN ANTONIO) LOC. RS., https://www.txcourts.gov/4thcoa/practice-before-the-
court/local-rules/.
If Appellees fail to file an adequate response within ten days of the date of this order, the
appeal will be set for submission without Appellees’ 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 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 3rd day of November, 2022.
___________________________________
MICHAEL A. CRUZ, Clerk of Court