Bruce Wayne Houser v. Kenneth W. McElveen

• Court: Court of Appeals of Texas
• Decided: February 9, 2006
• Docket: 13-05-00426-CV
• Status: Published

Opinion

                             NUMBER 13-05-426-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_________________________________________________________

BRUCE WAYNE HOUSER,                                          Appellant,

                                           v.

KENNETH W. McELVEEN, ET AL.,                               Appellees.

                  On appeal from the 135th District Court

                           of Jackson County, Texas

                     MEMORANDUM OPINION

      Before Chief Justice Valdez and Justices Yañez and Garza

                       Memorandum Opinion Per Curiam

Appellant, BRUCE WAYNE HOUSER, attempted to perfect an appeal from a judgment entered by the 135th District Court of Jackson County, Texas, in cause number 05-2-12515.  Judgment in this cause was signed on May 16, 2005.  No timely motion for new trial was filed.  Pursuant to Tex. R. App. P. 26.1, appellant=s notice of appeal was due on June 15, 2005, but was not filed until July 1, 2005. 

Notice of this defect was given so that steps could be taken to correct the defect, if it could be done.  Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this Court=s letter, the appeal would be dismissed.  Appellant filed an untimely motion for leave to file notice of appeal on July 25, 2005.  Said motion was dismissed for want of jurisdiction by this Court on August 25, 2005.

The Court, having examined and fully considered the documents on file and appellant=s failure to timely perfect his appeal, is of the opinion that the appeal should be dismissed for want of jurisdiction.  The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Memorandum Opinion delivered and filed this

the 9^th day of February, 2006.