Shelby v. Shelby

EVANS, Justice.

Appellant, John Harry Shelby, has filed motion and supporting brief seeking order directing the Clerk of this court to file transcript and statement of facts under Rule 389, Texas Rules of Civil Procedure. The basic question is whether Shelby timely perfected his appeal and this involves the related question of whether the trial court’s entry of judgment nunc pro tunc was effective to extend the time for perfection of appeal.

Shelby sued for damages for breach of contract as a third party beneficiary under a property settlement agreement incident to the divorce proceedings…