Houser v. McElveen

Petitioner Bruce Wayne Houser, a pro se inmate, sued for mandamus compelling respondent Kenneth McElveen, the county clerk of Jackson County, to probate Houser’s father’s will. The trial court dismissed the petition, and Houser asserts, without challenge, that he deposited his notice of appeal in the prison mail 35 days later. The court of appeals received it on the 46th day after the judgment was signed and dismissed the appeal as not having been timely perfected. 2006 WL 328134 (Tex.App.-Corpus Christi 2006) (per curiam).

The notice of appeal was required to be filed within 30 days of the…