Case Information

*1 Fourth Court of Appeals

San Antonio, Texas

August 15, 2017

No. 04-17-00387-CV Gregory BRENNER and Progressive Entities Inc.,

Appellants

v.

Benji F. ALDREDGE ,

Appellee From the 451st Judicial District Court, Kendall County, Texas

Trial Court No. 13-435CCL Honorable Bill R. Palmer, Judge Presiding

O R D E R Appellee’s brief was due on August 8, 2017. See T EX . R. A PP . P. 38.6(b). To date, no

Appellee’s brief or motion for extension of time has been filed.

If Appellee wishes to file a brief in this appeal, Appellee is hereby ORDERED to file within TEN DAYS of the date of this order (1) Appellee’s brief and (2) a reasonable explanation for failing to timely file the brief. See id. R. 38.6(d). If Appellee wishes his response to serve as a motion for extension of time, the response must comply with Rule 10.5(b)(1) of the Texas Rules of Appellate Procedure and the Fourth Court of Appeals’ local rules. See id. R. 10.5(b)(1); 4 TH T EX . A PP . (S AN A NTONIO ) L OC . R S ., http://www.txcourts.gov/4thcoa/practice-before-the- court/ local-rules.aspx.

If Appellee fails to file an adequate response within TEN DAYS of the date of this order, the appeal will be set for submission without Appellee’s brief. See Jackson v. Tex. Bd. of Pardons & Paroles , No. 01-03-00862-CV, 2008 WL 921035, at *1 n.2 (Tex. App.—Houston [1st Dist.] Apr. 3, 2008, no pet.) (mem. op.) (“‘In a civil case, the court will accept as true the facts stated [in Appellant’s brief] unless another party contradicts them.’” (alteration in original) (quoting T EX . R. A PP . P. 38.1(g))).

_________________________________ Patricia O. Alvarez, Justice *2 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of August, 2017.

___________________________________ Luz Estrada

Chief Deputy Clerk