COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Joe Anthony Romero v. Kroger Company/ KrogerCo./aka Kroger Texas L.P., Sedgwick Claims Management Services Appellate case number: 01-12-00049-CV Trial court case number: 10CV3689 Trial court: 212th District Court of Galveston County On December 28, 2012, appellant Joe Anthony Romero filed a brief in the above- referenced appeal. The brief does not comply with Texas Rule of Appellate Procedure 38.1. See TEX. R. APP. P. 38.1 (a)-(d), (f)-(i).

Accordingly, the Clerk of this Court is directed to strike the brief. See TEX. R. APP. P. 38.9.

Appellant’s brief is not yet due because the complete appellate record has not been filed.

See TEX. R. APP. P. 38.6(a). Once the record is complete, the Court will set a briefing schedule.

Any brief filed by appellant should comply with the Texas Rules of Appellate Procedure, including, but not limited to, the requirement that appellant’s brief “must contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record.” See TEX. R. APP. P. 38.1(i).

It is so ORDERED.

Judge’s signature: /s/ Laura C. Higley  Acting individually  Acting for the Court

Date: January 16, 2013