Houser v. McElveen – Case Brief Summary (Texas)

In Houser v. McElveen, 243 S.W.3d 646 (Tex. 2009) (per curiam), the Texas Supreme Court addressed rules 9.2(b) and 26.3 in relation to the prison mail system. Houser mailed his notice of appeal thirty-five days after the trial court's judgment was signed. Id. at 646.

Therefore, Houser was entitled to the benefit of rule 26.3(a). Moreover, the notice of appeal was received by the trial court clerk on the sixteenth day after it was originally due, which was within ten days of the date it was due under rule 26.3(a).

Therefore, the court concluded Houser was also entitled to the benefit of rule 9.2(b), the mailbox rule. Id. Thus, under the facts presented, the court concluded Houser was entitled to an extension of time to file his notice of appeal. Id. at 647.