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Polinard v. Woodlawn Christian Church of San Antonio, Inc.

Court of Appeals of Texas, Fourth District, San Antonio
Jun 20, 2024
No. 04-23-00968-CV (Tex. App. Jun. 20, 2024)

Opinion

04-23-00968-CV

06-20-2024

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

Irene Rios, Justice

Appellants' briefs were originally due on April 15, 2024. On April 12, 2024, appellants, who are proceeding pro se in this appeal, filed a joint motion requesting an extension of time until April 22, 2024 to file their briefs, and we granted their motion.

On April 17, 2024, appellant William Ian Malcomson-but not appellant Herbert Lawrence Polinard-filed a motion requesting an additional extension of time until June 22, 2024. We granted Mr. Malcomson's motion in part, ordered him to file his brief by June 14, 2024, and notified him that further requests for extension of time would be disfavored. Our order did not extend the deadline for Mr. Polinard's brief.

On May 30, 2024, Mr. Malcomson filed a motion requesting an additional extension of time until July 1, 2024, for a total extension of 77 days. While the motion purported to request relief on behalf of both appellants, it was signed by Mr. Malcomson alone. On May 31, 2024, we issued an order striking Mr. Malcomson's May 30, 2024 motion for extension of time and directing both appellants to file either their brief or a motion for extension of time that complied with all applicable laws and rules by June 14, 2024.

On June 14, 2024, Mr. Malcomson and Mr. Polinard both filed motions requesting an extension of time until September 16, 2024, for a total extension of 154 days. Both motions represent that an extension of time is necessary because Mr. Polinard recently underwent surgery. We note, however, that Mr. Polinard's motion indicates he was not admitted to the hospital until May 22, 2024, more than a month after appellants' brief was originally due. Additionally, Mr. Malcomson's motion indicates that he conferred with appellees and they did not agree to the requested extension.

After consideration, appellants' motions for extensions of time are GRANTED IN PART. We ORDER appellants to file their briefs by July 15, 2024. No further requests for extensions of time will be considered absent extraordinary circumstances.


Summaries of

Polinard v. Woodlawn Christian Church of San Antonio, Inc.

Court of Appeals of Texas, Fourth District, San Antonio
Jun 20, 2024
No. 04-23-00968-CV (Tex. App. Jun. 20, 2024)
Case details for

Polinard v. Woodlawn Christian Church of San Antonio, Inc.

Case Details

Full title:Herbert Lawrence POLINARD, Jr. and William Ian Malcomson, Appellants v…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 20, 2024

Citations

No. 04-23-00968-CV (Tex. App. Jun. 20, 2024)