Gary Don Robinson v. Town North Nissan Mitsubishi, General Manager Randy M. Ross and Joe D. West--Appeal from 200th District Court of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

 
NO. 03-98-00218-CV
Gary Don Robinson, Appellant
v.
Town North Nissan Mitsubishi, General Manager Randy M. Ross
and Joe D. West, Appellees
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT
NO. 94-15318, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING
PER CURIAM

This is an attempted appeal from an order of the trial court granting summary judgment in favor of appellees Town North Nissan Mitsubishi, General Manager Randy M. Ross, and Joe D. West. On December 13, 1994, appellant Gary Don Robinson filed suit for malicious prosecution against appellees following his arrest and subsequent conviction for theft of a vehicle from Town North. The trial court granted appellees' motion for summary judgment on November 14, 1997, and appellant attempted to appeal by filing a petition for writ of error in the trial court on November 26, 1997.

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 in 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, all motions pending in this cause are dismissed as moot.

 

Before Justices Powers, Kidd and B. A. Smith

Dismissed for Want of Jurisdiction

Filed: May 29, 1998

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