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HOUSER v. McELVEEN

No. 06-0504.

243 S.W.3d 646 (2008)

Bruce Wayne HOUSER, Petitioner, v. Kenneth W. McELVEEN, et al., Respondents.

Supreme Court of Texas.

January 11, 2008.

Attorney(s) appearing for the Case

Bruce Wayne Houser, Beaumont, TX, pro se.

Kenneth W. McElveen, Edna, TX, pro se.

Barbara Vanecek, Edna, TX, pro se.

PER CURIAM.

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...

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