[Download] "Ramos v. Richardson" by Washington Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Ramos v. Richardson
- Author : Washington Court of Appeals
- Release Date : January 29, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Petitioners Armando Ramos, an incarcerated pro se litigant, and members of his family originally brought medical malpractice actions against respondents Dr. Ian Richardson and Valley Baptist Medical Center. The trial court dismissed those suits on February 17, 2005, for noncompliance with the expert report requirements of section 74.351 of the Texas Civil Practice and Remedies Code. The petitioners appealed. The Texas Rules of Appellate Procedure required the notices of appeal to be filed by March 21, 2005. See TEX. R. APP. P. 26.1, 4.1(a). The petitioners claim Ramos delivered signed notices of appeal to the prisons outgoing mailbox on March 9, 2005, for prison authorities to place in the United States mail. But the notices of appeal were not stamped "filed" by the clerks office of the court of appeals until March 22, 2005. The court of appeals dismissed the appeals, holding it was without jurisdiction because the petitioners notices of appeal were not timely filed within the plenary thirty-day period after entering judgment. ___ S.W.3d ___ (Tex. App.-Corpus Christi 2006, pet. filed); see TEX. R. CIV. P. 329b(d); TEX. R. APP. P. 26.1. We reverse the court of appeals judgment and reinstate the appeals.