COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Ted B. Lyon III v. Building Galveston, Inc. Appellate case number: 01-19-00571-CV Trial court case number: 10-CV-2353 Trial court: 405th District Court of Galveston County Ted B. Lyon III filed a notice of appeal of the trial court’s final judgment after remand, signed on May 8, 2019. See TEX. R. APP. P. 25.1(a), 26.1. Building Galveston, Inc. then filed its notice of appeal. See id. 25.1(a), 26.1(d). Lyon has filed an unopposed motion for an extension of time to October 8, 2019, to file his appellant’s brief and to permit Building Galveston “to brief its cross-appeal with its appellee’s brief.”

We deny the request to brief the “cross-appeal with [the] appellee’s brief” and grant the request for an extension of time to file appellant’s brief. The appeal will proceed under the applicable Texas Rules of Appellate Procedure. Accordingly, Lyon’s appellant’s brief and Building Galveston’s appellant’s brief are due on October 8, 2019.

See TEX. R. APP. P. 9.4(i), 38.6(a), (d). Any appellee’s brief will be due within 30 days of the filing of an appellant’s brief. See id. 9.4(i), 38.6(b); see also 38.6(d). And the parties may file any reply briefs in accordance with Texas Rules of Appellate Procedure 9.4(i)(C) and 38.6(c).

It is so ORDERED.

Judge’s signature: ___/s/ Russell Lloyd______  Acting individually Acting for the Court

Date: ___August 29, 2019_