Opinion
04-24-00170-CR
06-11-2024
EX PARTE Khalondre Daryl-Lamont HASKINS, Sr.
From the County Court, Kinney County, Texas Trial Court No. 14836CR Honorable Susan D. Reed, Judge Presiding
ORDER
PER CURIAM
On May 23, 2024, the State of Texas filed a "Notice of Intent to File Surreply." In its "Notice," the State requests that we "set the deadline for filing a surreply to Appellant's 'Reply Brief for June 20, 2024, or until such time as set by this Court." We construe this request as a motion for leave to file a surreply brief. GRANT the motion, and ORDER the State to file its surreply brief, if any, by June 20, 2024.
The rules of appellate procedure "do not expressly permit the filing of a surreply brief by an appellee." In re Est. of Washington, 289 S.W.3d 362, 370 (Tex. App.-Texarkana 2009, pet. denied); see In re Jordan Foster Constr., LLC, No. 08-22-00201-CV, 2023 WL 2366610, at *7 (Tex. App.-El Paso March 6, 2023, orig. proceeding); In re KFC USA, Inc., No. 05-98-01116-CV, 1998 WL 427284, at *1 (Tex. App.-Dallas July 30, 1998, orig. proceeding) ("The rules of appellate procedure do not permit a 'sur-reply.'"). Whether to permit the filing of a surreply brief is therefore within this court's discretion. See Washington, 289 S.W.3d at 370; Jordan Foster Constr., 2023 WL 2366610, at *7; KFC USA, 1998 WL 427284, at *1.
It is so ORDERED.