Opinion
04-23-00968-CV
12-16-2024
Herbert Lawrence POLINARD, Jr. and William Ian Malcomson, Appellants v. WOODLAWN CHRISTIAN CHURCH OF SAN ANTONIO, INC., James Paul Tisdel, Jr., Carolyn Tisdel, and George Alejos, Appellees
From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2015-CI-10692 Honorable Tina Torres, Judge Presiding
ORDER
IRE RIOS, JUSTICE
On August 15, 2024, appellant Herbert Lawrence Polinard provided written proof that the transcripts from a hearing that took place on December 8-10, 2015 were lost or destroyed. Polinard attached certified copies of the transcripts from the three-day hearing as Appendix 2 to his written response filed on August 15, 2024. Pursuant to Rule 34.6(f)(4) of the Texas Rules of Appellate Procedure, we provided the appellees an opportunity to object to the accuracy of the transcripts. See Tex. R. App. P. 34.6(f)(4). The appellees have not filed an objection to the accuracy of the transcripts.
Therefore, we ORDER the clerk of this court to electronically transfer a copy of the transcripts of the December 8-10, 2015 hearing from Appendix 2 of Polinard's August 15, 2024 written response filed in this court into the appellate record of this cause. The transferred portion of the transcripts are ORDERED included in this cause as though the original had been filed therein by the court reporter.
To the extent we deviate from the usual operation of Rule 34.6 of the Texas Rules of Appellate Procedure, we suspend operation of the rule. See Tex. R. App. P. 2 ("[O]n its own initiative an appellate court may-to expedite a decision or for other good cause-suspend a rule's operation in a particular case and order a different procedure . . . .").