Gary Don Robinson v. Town North Nissan Mitsubishi, Inc.; Randy M. Ross; and Joe D. West--Appeal from 53rd District Court of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-98-00126-CV
Gary Don Robinson, Appellant
v.
Town North Nissan Mitsubishi, Inc.; Randy M. Ross; and Joe D. West, Appellees
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT
NO. 94-15751, HONORABLE PAUL R. DAVIS, JR., JUDGE PRESIDING
PER CURIAM

This is an attempted appeal from an order of the trial court dismissing a suit for malicious prosecution brought by appellant Gary Don Robinson against appellees Town North Nissan Mitsubishi, Inc., Randy M. Ross, and Joe D. West. The trial court dismissed the cause with prejudice on August 25, 1997, and appellant attempted to appeal by filing a petition for writ of error in the trial court on December 4, 1997, and subsequently in this Court on March 16, 1998.

Restricted appeals have replaced appeals brought by writ of error to the court of appeals. Tex. R. App. P. 30. A restricted appeal is proper when brought by a party who did not participate, either in person or through counsel, in the hearing that resulted in the judgment complained of and who did not timely file a post-judgment motion or request for findings of fact and conclusions of law, or a timely notice of appeal. See Id. A review of the record demonstrates that appellant did participate through pro se representation in the trial court proceedings that resulted in the order of dismissal. Because appellant has participated in the trial court proceedings, this Court is without jurisdiction to consider this appeal. Accordingly, the appeal in this cause is hereby dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a). Furthermore, appellant's motion for extension of time to file the brief is dismissed.

 

Before Justices Powers, Kidd and B. A. Smith

Dismissed for Want of Jurisdiction

Filed: May 29, 1998

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