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SWEED v. NYE

No. 09-0465.

323 S.W.3d 873 (2010)

James Lee SWEED, Petitioner, v. Jay L. NYE et al., Respondents.

Supreme Court of Texas.

October 22, 2010.

Attorney(s) appearing for the Case

James Lee Sweed , El Paso TX, pro se.

Patrick Gregory O'Brien , Scott Tyler Williams , Andrew Forest Newman , Ryan Thomas Cosgrove , Akin Gump Strauss Hauer & Feld, LLP, Dallas TX, for Petitioner.

Jay L. Nye , El Paso TX, pro se.

Demetri Anastasiadis , Office of the Attorney General of Texas, Attorney General Greg W. Abbott , Attorney General of Texas, Clarence Andrew Weber , First Assistant Attorney General, David S. Morales , Office of the Attorney General of Texas, Deputy First Assistant Attorney General, David A. Talbot Jr. , James P. Sullivan , Assist. Attorney General, Office of the Attorney General, James C. Ho , Solicitor General of Texas, Austin TX, for Respondent.

PER CURIAM.

Five and a half months after the trial court dismissed his case, James Lee Sweed filed a notice of appeal that did not contain all the information required for a notice of restricted appeal. A month later he amended the notice to include the missing information. The court of appeals dismissed the appeal, holding that Sweed's original, incomplete notice of restricted appeal was insufficient to invoke its jurisdiction...

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