Opinion
No. 04-16-00001-CV
01-13-2016
IN RE Stephen KENNEDY, H.L. Polinard, Lilda Torres, and William Malcomson
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice PETITION FOR WRIT OF MANDAMUS DENIED
This proceeding arises out of Cause No. 2015-CI-10692, styled Woodlawn Christian Church of San Antonio, Inc. v. James Paul Tisdel Jr., Carolyn Tisdel and George Alejos, pending in the 408th Judicial District Court, Bexar County, Texas, the Honorable Antonia Arteaga presiding.
On January 4, 2016, relators Stephen Kennedy, H.L. Polinard, William Malcomson and Lilda Torres, each appearing pro se, filed a petition for writ of mandamus and motion for temporary stay of the challenged order pending a ruling on the mandamus petition. The court has considered the petition for writ of mandamus and is of the opinion that relators are not entitled to the relief sought. Accordingly, the petition for writ of mandamus and the motion for temporary stay are denied. See TEX. R. APP. P. 52.8(a). Additionally, relators requested leave to file the petition for writ of mandamus. No leave is required to file a petition for writ of mandamus in this court. TEX. R. APP. P. 52. Therefore, relators' request for leave to file is denied as moot.
The mandamus petition also identifies Irene Polinard and Matthew Reynolds as additional relators, however, neither of these individuals signed the petition as appearing pro se. We note that a pro se party cannot represent another party in litigation or on appeal. See TEX. R. CIV. P. 7; see also generally Kunstoplast of Am., Inc. v. Formosa Plastics Corp., USA, 937 S.W.2d 455, 456 (Tex. 1996) (individuals must appear in person or by attorney but nonlawyer may perform ministerial task of depositing cash with clerk in lieu of bond). Accordingly, we identify only Kennedy, H.L. Polinard, Torres and Malcomson as pro se relators in this proceeding. --------
PER CURIAM