Herbert Lawrence Polinard, Jr. v. Jo Ann Karambis, Margaret Comparin Karambis, Ronaldo Dunagan, Lynda C. Spence, and eXp Realty LLC

Opinion

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Fourth Court of Appeals

San Antonio, Texas

September 17, 2021

No. 04-21-00251-CV

Herbert Lawrence POLINARD, Jr., Appellant

v.

Jo Ann KARAMBIS, Margaret Comparin Karambis, Ronaldo Dunagan, Lynda C. Spence, and eXp Realty LLC,

Appellees

From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2018-CI-11887 Honorable Antonia Arteaga, Judge Presiding

ORDER

Because it appeared the notice of appeal was potentially untimely filed, we ordered appellant to show cause in writing by September 10, 2021, why this appeal should not be dismissed for lack of jurisdiction. Appellant responded with a reasonable explanation for failing to file the notice of appeal in a timely manner. See TEX. R. APP. P. 26.3, 10.5(b)(1)(C); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Accordingly, we deem the notice of appeal timely filed and retain the appeal on the docket of this court.

Appellant’s brief remains due on or before September 24, 2021. Appellant’s brief must comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.1, 9.4, 9.5, 9.9, 38.1. Among other requirements, appellant’s brief must contain appropriate citations to authorities and must contain proper record citations to any documents referenced in the brief. See id. R. 34.1, 38.1(g), (i). This court will not consider any documents included in an appendix to appellant’s brief that are not contained in the clerk’s record. See Blank v. State, 172 S.W.3d 673, 675 n.1 (Tex. App.—San Antonio 2005, no pet.) (not designated for publication).

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Rebeca C. Martinez, Chief Justice

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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of September, 2021.

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MICHAEL A. CRUZ, Clerk of Court