Russell Terry McElvain v. Robin McElvain Appeal from 360th District Court of Tarrant County (memorandum opinion per curiam)
Annotate this Case
Download PDF
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00255-CV RUSSELL TERRY MCELVAIN APPELLANT V. ROBIN MCELVAIN APPELLEE ---------- FROM THE 360TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 360-468210-09 ---------- MEMORANDUM OPINION1 ---------Pro se Appellant Russell Terry McElvain attempts to file a restricted appeal of the trial court’s August 1, 2014 judgment dismissing his cause of action for want of prosecution. A notice of restricted appeal must be filed within six months 1 See Tex. R. App. P. 47.4. after the judgment or order complained of is signed.2 Appellant’s notice of restricted appeal was not filed until July 11, 2016, more than twenty-three months after the trial court signed the complained-of judgment. On July 22, 2016, we therefore notified Appellant of our concern that we lack jurisdiction over this appeal because his notice of appeal was untimely filed,3 and we warned that this appeal could be dismissed absent a response showing grounds for continuing the appeal.4 On July 29, 2016, Appellant filed an untimely motion to extend the appellate deadline, which we also treat as his response. The document does not show grounds for continuing this appeal. The time for filing a notice of appeal is jurisdictional in this court, and absent a timely notice of appeal or extension request, we have no choice but to dismiss the appeal.5 Because Appellant’s notice of restricted appeal and motion to extend the appellate deadline were both filed too late, we dismiss the pending motion, and we dismiss this appeal for want of jurisdiction.6 2 See Tex. R. App. P. 26.1(c). 3 See Tex. R. App. P. 26.1. 4 See Tex. R. App. P. 42.3(a). 5 See Tex. R. App. P. 2, 25.1(b), 26.3; Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). 6 See Tex. R. App. P. 42.3(a), 43.2(f); Jones, 976 S.W.2d at 677; Verburgt, 959 S.W.2d at 617; see also McElvain v. McElvain, No. 02-16-00256-CV, 2016 WL 4491232, at *1 (Tex. App.—Fort Worth Aug. 26, 2016, no pet. h.) (dismissing Appellant’s related appeal for same reason). 2 PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ. DELIVERED: September 29, 2016 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
