ACCEPTED
12-15-00113-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
6/12/2015 3:03:56 PM
CATHY LUSK
CLERK
NO. 12-15-00113-CV
_____________________________________________________________
FILED IN
12th COURT OF APPEALS
IN THE TWELFTH COURT OF APPEALS TYLER, TEXAS
TYLER, TEXAS 6/12/2015 3:03:56 PM
CATHY S. LUSK
_____________________________________________________________
Clerk
JASON ROWELL
Appellant
v.
FIRETROL PROTECTION SYSTEMS, INC.
Appellee
_____________________________________________________________
Appealed from the 114th Judicial District Court
Smith County, Texas
_____________________________________________________________
RESPONSE OF APPELLEE, FIRETROL PROTECTION
SYSTEMS, INC., TO APPELLANT’S MOTION FOR
RECONSIDERATION OF INVOLUNTARY DISMISSAL
_____________________________________________________________________________
To the Honorable Justices of the Twelfth Court of Appeals:
Appellee, Firetrol Protection Systems, Inc., files this its Response to Appellant’s Motion
for Reconsideration of Involuntary Dismissal and for such Response would respectfully show the
Court as follows:
1. Appellant complains that this Court’s Opinion states that the trial court’s Judgment was
signed on April 16, 2015 when in fact the Final Judgment was not signed until nearly a month
later on May 12, 2015. Any confusion with regard to what Order and/or Judgment is being
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appealed by Appellant is entirely of his own making.
2. Prior to any Final Judgment in the trial court, Appellant filed his Notice of Appeal on
April 29, 2015. Approximately one hour later, Appellant filed a Motion for New Trial with the
trial court. Appellant’s original Docketing Statement which he attempted to file with this Court
represented to this Court that Appellant was appealing from an Order of Dismissal signed on
April 16, 2015.
3. Accordingly, Appellant had a Notice of Appeal and Motion for New Trial filed prior to
any Final Judgment in the lower court. The lower court did ultimately sign a Final Judgment on
May 12, 2015.
4. Appellant is now seeking to prosecute an appeal and asks this Court to reconsider its
involuntary dismissal of such appeal. At the same time, Appellant has a Motion for New Trial
pending in the lower court which is set to be heard on June 18, 2015.
5. With regard to Appellant’s failure to comply with this Court’s requirements for
prosecution of this appeal, Appellee obviously has no personal knowledge with regard to
Appellant’s claims that his attorney received the notice on his cell phone while he was not in the
office, failed to calendar or forget deadlines or claims that notices were received while on walks
with counsel’s daughter. However, the record is quite clear that Appellant’s attempt to prosecute
a Motion for New Trial in the lower court and an appeal in this Court contemporaneously is
consistent with Appellant’s ongoing harassment of his former employer, Firetrol. Appellant is
simply a disgruntled former employee whose suit was properly dismissed in the lower court
pursuant to Chapter 27, Texas Civil Practice, and Remedies and whose appeal has been properly
dismissed by this Court. Appellant has failed to comply with this Court’s express requirements.
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Therefore, dismissal was proper.
WHEREFORE, PREMISES CONSIDERED, Appellee, Firetrol Protection Systems, Inc.,
prays that Appellant’s Motion for Reconsideration be denied, that this Court’s dismissal of this
appeal be sustained and for such other and further relief to which Appellee, Firetrol Protection
Systems, Inc., shows itself justly entitled.
Respectfully submitted,
GILLEN & ANDERSON
Attorneys and Counselors at Law
613 Shelley Park Plaza
Tyler, Texas 75701
(903) 581-8600
(903) 581-8790 (fax)
BY: /s/ Roger W. Anderson
ROGER W. ANDERSON
State Bar No. 01213500
E-mail: randerson@gillenanderson.com
ATTORNEY FOR APPELLEE,
FIRETROL PROTECTION SYSTEMS, INC.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Appellee’s Response to Appellant’s
Motion for Reconsideration was forwarded electronically to all counsel of record on this 12th day
of June, 2015.
/s/ Roger W. Anderson
ROGER W. ANDERSON
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