[DOWNLOAD] "Harvey v. Christie" by Court of Criminal Appeals of Texas * eBook PDF Kindle ePub Free

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eBook details

• Title: Harvey v. Christie
• Author : Court of Criminal Appeals of Texas
• Release Date : January 15, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Plaintiff appeals the trial courts judgment dismissing his civil case; according to the trial court, plaintiffs appeal to the circuit court from an arbitrators decision was not timely. Plaintiff, asserts that, because the arbitrator served the decision on the parties by mail, ORCP 10 C required the court to add three days to the time in which plaintiff was required to file his notice of appeal, and, had the court done so, the appeal would have been timely. Plaintiff, an inmate in a corrections institution, also contends that the appeal was timely because of the "prisoner mailbox rule," under which a pleading is considered to have been filed with the court when delivered to an appropriate prison official. We conclude that plaintiff is correct with respect to his ORCP 10 C argument and reverse and remand on that basis. Accordingly, we do not address plaintiffs assertions with respect to the "prisoner mailbox rule."

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