Opinion
No. 04-15-00692-CV
05-20-2016
John SHULL, Appellant v. WESTOVER CROSSING (SAN ANTONIO) HOMEOWNERS' ASSOCIATION, INC.; Spectrum Association Management, LP; and Buck (Delvin) Benson, Appellees
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-15954
Honorable Karen H. Pozza, Judge Presiding
ORDER
On April 28, 2016, Appellant filed a motion that included several requests.
Appellant moved this court to reconsider its denial of his request for a free copy of the clerk's and reporter's records. Appellant's motion to reconsider is GRANTED. See 4TH TEX. APP. (SAN ANTONIO) LOC. R. 7.2(b). We direct the clerk of this court to provide Appellant with a digital copy of the clerk's and reporter's records on a compact disk or other suitable electronic data storage media.
Appellant's requests for this court to (1) determine that Appellant has the rights and privileges of an attorney before this court and (2) change the Texas Rules of Appellate Procedure are DENIED.
Appellant's motion to include in the appellate record documents he has sent to this court by e-mail is DENIED. The clerk of this court has already informed Appellant of the methods for filing documents, see TEX. R. APP. P. 9.2(c)(2), and for supplementing the appellate record, see id. R. 34.5(c). We caution Appellant that any documents Appellant sends to this court by e-mail will not be filed, will not become part of the appellate record, and will not be considered by the court. See Sadler v. Tex. Farm Bureau Mut. Ins. Companies, No. 04-12-00789-CV, 2013 WL 4736392, at *4 (Tex. App.—San Antonio Sept. 4, 2013, no pet.) (mem. op.); see also Perry v. S.N., 973 S.W.2d 301, 303 (Tex. 1998) ("We may not consider factual assertions that appear solely in the appellate briefs and not before the trial court."); Sabine Offshore Serv., Inc. v. City of Port Arthur, 595 S.W.2d 840, 841 (Tex. 1979) ("Affidavits outside the record cannot be considered by the Court of Civil Appeals for any purpose other than determining its own jurisdiction."). This court will consider documents properly included in the appellate record whether in original or supplemental records. See TEX. R. APP. P. 34.5(c), 34.6(d).
In a motion filed on May 11, 2016, Appellant repeated the same requests we have addressed above and asked this court to reverse the trial court's orders and grant him other relief. Appellant's motion for relief against the trial court is premature; the briefs have not been filed and the appeal has not been set for submission. Appellant's request for this panel to reach the merits of the appeal is DENIED without prejudice to an evaluation on the merits when the appeal is submitted.
In another motion filed on May 11, 2016, Appellant moved this court for an extension of time to file his brief until June 30, 2016, for a total extension of seventy-three days. Appellant's motion is GRANTED. We order Appellant to file his brief with this court not later than June 30, 2016.
NO FURTHER EXTENSIONS OF TIME TO FILE APPELLANT'S BRIEF WILL BE GRANTED. If Appellant fails to file his brief as ordered, the court may dismiss this appeal for want of prosecution without further notice. See id. R. 38.8(a)(1), 42.3(b).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of May, 2016.
/s/_________
Keith E. Hottle
Clerk of Court