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Kenneth Davidson, Tamara Davidson v. North American Lumber, LLC

Citation: Not availableDocket: 01-21-00445-CV

Court: Court of Appeals of Texas; July 14, 2022; Texas; State Appellate Court

Original Court Document: View Document

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Appellants Kenneth Davidson, Tamara Davidson, and occupants of 1922 Thompson Crossing Drive filed a motion objecting to the appellee North American Lumber, LLC's brief, asserting it failed to comply with Texas Rule of Appellate Procedure 38. Specifically, the appellants claimed the brief lacked necessary citations to the appellate record and requested either a finding of waiver of responsive arguments or an order for the appellee to submit a corrected brief. Upon review, the Court found the appellee's brief did not meet the required standards, as it lacked clear arguments and appropriate record citations. Consequently, the Court struck the appellee's brief dated June 24, 2022, and mandated that a compliant brief be filed within 14 days. The Court deemed the request for a waiver of briefing as premature and set a deadline for the appellants’ reply brief 20 days after the new appellee's brief is submitted. The order was signed by Judge Amparo Guerra on July 14, 2022.