Court of Civil Appeals of Texas, 2020

Israel Jesus Cedillo v. Donna Lynn Mann

Israel Jesus Cedillo v. Donna Lynn Mann
Court of Civil Appeals of Texas · Decided December 28, 2020

Israel Jesus Cedillo v. Donna Lynn Mann

Opinion

Fourth Court of Appeals San Antonio, Texas December 28, 2020 No. 04-20-00278-CV Israel Jesus CEDILLO, Appellant v. Donna Lynn MANN, Appellee From the County Court, Gillespie County, Texas Trial Court No. 16108CCL Honorable Mark Stroeher, Judge Presiding

ORDER On May 26, 2020, appellant Israel Jesus Cedillo filed a notice of appeal challenging a default judgment entered against him on February 25, 2020. After we received the appellate record, Mr. Cedillo filed his appellant’s brief on September 4, 2020.

Texas Rule 38.6(b) provides that an appellee’s brief must be filed within thirty days after the appellant’s brief is filed. TEX. R. APP. P. 38.6(b). As a result, appellee Donna Lynn Mann’s brief was due by October 5, 2020. See id. When it was not filed, this court notified Ms. Mann of the deficiency in a letter dated November 10, 2020. In that letter, we informed Ms. Mann that her brief was late and she should file a response reasonably explaining why she has not filed a brief and what steps she is taking to remedy the deficiency. We advised Ms. Mann that if we did not receive a response by November 20, 2020, the appeal would be set for submission without an appellee’s brief.

On December 9, 2020, Ms. Mann informed this court that she did not receive our November 10, 2020 letter until December 5, 2020. Accordingly, we ORDER Ms. Mann to file her brief by January 27, 2021. Ms. Mann is advised that if she chooses not to file a brief, the appeal will be set for submission without it.

It is so ORDERED December 28, 2020.

PER CURIAM

ATTESTED TO:__________________________ MICHAEL A. CRUZ, CLERK OF COURT

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