David Welch v. Jerry Cardwell

Welch v. Cardwell IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS, AT AUSTIN NO. 3-92-531-CV DAVID WELCH, APPELLANT vs. JERRY CARDWELL, APPELLEE FROM THE DISTRICT COURT OF CALDWELL COUNTY, 22ND JUDICIAL DISTRICT NO. 92-0-98, HONORABLE WILLIAM C. BLACK, JUDGE PRESIDING PER CURIAM Appellant David Welch filed an election contest on March 23, 1992, against appellee Jerry Cardwell over the March 10, 1992, Democratic Party primary election for the Caldwell County precinct-four constable's office. Welch claims that Cardwell was not lawfully elected in the primary election because Cardwell did not meet the residency requirements. Tex. Elec. Code Ann. § 141.001(a)(5) (West 1986). The district court signed its final judgment denying Welch's claims on June 30, 1992. Welch filed the appeal bond with the clerk of the district court on September 25, 1992. The Election Code, however, requires that an appellant in a contest to a primary election file the perfecting instrument not later than the fifth day after the date the district court's judgment in the contest is signed. Tex. Elec. Code Ann. § 232.014(b) (West 1986); Bailey v. Clark, 407 S.W.2d 520, 521 (Tex. Civ. App.--Fort Worth 1966, no writ) (interpreting Election Code, 52d Leg., R.S., ch. 492, § 208(11), 1951 Tex. Gen. Laws 1097, 1178 (Tex. Elec. Code Ann. art. 13.30, since amended and repealed)). The perfecting instrument was, therefore, due not later than July 6, 1992. Because the perfecting instrument was not timely filed, we must dismiss the appeal. See Davies v. Massey, 561 S.W.2d 799, 801 (Tex. 1978). The appeal is dismissed for want of jurisdiction. Before Justices Powers, Aboussie and Jones Dismissed for Want of Jurisdiction Filed: February 23, 1994 Do Not Publish