IN THE
TENTH COURT OF APPEALS
No. 10-15-00372-CV
EX PARTE MILTON LEE GARDNER
From the 77th District Court
Limestone County, Texas
Trial Court No. J-291-A-1
ORDER
“Appellant’s Motion for Leave to File a Supplemental Reply Brief” was filed on
May 4, 2016. In this motion, appellant requests two actions by this Court. The first is to
dismiss the State’s brief as inadequately briefed, regard appellant’s brief as correctly
presenting the case, and reverse the trial court’s judgment upon appellant’s brief without
examining the record. This request is denied.
In the alternative, appellant requests that we grant appellant leave to file his
supplemental reply brief. This request is granted to the extent necessary to have the
issues raised by appellant in his supplemental reply brief before the Court for
consideration in the disposition of the appeal. Accordingly, appellant’s supplemental
reply brief is filed as of the date of its receipt, May 4, 2016.
Because appellant contends there are new or additional issues raised in his
supplemental reply brief, this case is not yet ready for disposition and will be removed
from the Court’s “at issue” docket. The State has 28 days to file a reply brief to appellant’s
supplemental reply brief. When the State’s reply brief is filed, the case will again be
placed at issue.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion denied in part and granted in part
Order issued and filed May 19, 2016
Ex parte Gardner Page 2
Ex Parte Milton Lee Gardner
Combined Opinion