Wayne A. Rand v. Dorothy Dennise Rand

Opinion

Order entered August 21, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00988-CV

WAYNE A. RAND, Appellant

V.

DOROTHY DENNISE RAND, Appellee

On Appeal from the 255th Judicial District Court Dallas County, Texas

Trial Court Cause No. DF-13-06590

ORDER

Before the Court is appellee’s August 6, 2013 motion to dismiss the appeal. Appellee contends the appeal should be dismissed for want of jurisdiction. Specifically, she contends appellant’s notice of appeal was untimely. In his notice of appeal, appellant inaccurately states that the appeal is accelerated. The trial court’s judgment was signed on June 5, 2013. Accordingly, appellant’s notice of appeal was due on July 5, 2013. See TEX. R. APP. P. 26.1. Appellant mailed the notice of appeal from prison on July 1, 2013. The notice of appeal was timely filed on July 17, 2013. See Warner v. Glass, 135 S.W.3d 681, 684 (Tex. 2004) (prison mailbox rule deems documents filed with the court clerk at time prison authorities duly receive document to be mailed). Accordingly, we DENY appellee’s motion.

/s/ ELIZABETH LANG-MIERS JUSTICE