Fieldale Farms Corporation, Ozark Mountain Poultry, Inc., and House of Raeford Farms, Inc. v. SOMMA Food Group, LLC
Fieldale Farms Corporation, Ozark Mountain Poultry, Inc., and House of Raeford Farms, Inc. v. SOMMA Food Group, LLC
Opinion
Order entered October 7, 2020
In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00191-CV FIELDALE FARMS CORPORATION, OZARK MOUNTAIN POULTRY, INC., AND HOUSE OF RAEFORD FARMS, INC., Appellants/Cross- Appellees V. SOMMA FOOD GROUP, LLC, Appellee/Cross-Appellant On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-00698 ORDER Although appellee/cross-appellant SOMMA Food Group was ordered to file a combined responsive and cross-appellant’s brief within thirty days of the filing of appellants’ opening briefs, it filed its cross-appellant’s brief at the time appellants/cross-appellees filed their opening briefs. SOMMA now seeks, along with the appellants/cross-appellees, an extension of time to file the appellee’s and cross-appellees’ responsive briefs.
Local Rule 5(a) provides, in relevant part, as follows: In a civil appeal in which a cross-appeal has been timely filed, the briefs to be filed by the parties are: 1) The appellant’s brief.
2) A combined appellee’s and cross-appellant’s brief.
3) A combined appellant’s reply brief and cross-appellee’s brief.
4) The cross-appellant’s reply brief.
5th Tex. App. (Dallas) Loc. R. 5(a). Accordingly, we STRIKE SOMMA’s cross- appellant’s brief. We GRANT the extension motion TO THE EXTENT that we ORDER SOMMA to file its combined appellee’s and cross-appellant’s brief no later than November 20, 2020. Appellants/cross-appellees shall each file their combined appellant’s reply and cross-appellee’s briefs within thirty days of the date the appellee’s/cross-appellant’s brief is filed.
/s/ BILL WHITEHILL JUSTICE
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