ACCEPTED
14-15-00291-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
4/8/2015 1:20:02 PM
CHRISTOPHER PRINE
CLERK
NO. 14-15-00291-CV
In The FILED IN
14th COURT OF APPEALS
Fourteenth Court of Appeals
HOUSTON, TEXAS
4/8/2015 1:20:02 PM
CHRISTOPHER A. PRINE
Houston, Texas Clerk
Eric E. Perez and Edmundo Perez,
Appellants,
v.
Le Prive Enterprises, LLC d/b/a Mekano Live & Grill, and Manuel Arellano,
Appellees.
On Appeal from the 127th Judicial District Court
of Harris County, Texas
Trial Court Cause No. 2013-74140
APPELLEESʼ MOTION TO DISMISS
APPEAL FOR WANT OF JURISDICTION
Daniel W. Jackson, SBN 00796817
Scott K. Vastine, SBN 24056469
Jennifer H. Frank, SBN 24087537
The Jackson Law Firm
3900 Essex Lane, Suite 1116
Houston, Texas 77027
(713) 522-4435
(713) 527-8850 – fax
Counsel for Appellees
TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
Appellees Le Prive Enterprises, LLC, d/b/a Mekano Live & Grill and
Manuel Arellano respectfully request that appellants Eric E. Perez and
Edmundo Perezʼs motion to extend time be denied and their appeal be
dismissed for want of jurisdiction. Tex. R. App. P. 10.5(b)(1)(C),
42.3(a), (c).
On December 18, 2014, the trial court entered final judgment. On
January 19, 2015, appellants filed a motion for reconsideration and motion
for new trial, which were set for an oral hearing on March 27, 2015, but
were overruled by operation of law on March 3, 2015. Appellantsʼ deadline
to perfect an appeal was March 18, 2015.
Appellants filed their notice of appeal on April 1, 2015. Appellants
also filed a motion for extension of time on the same day, but failed to
provide a single fact explaining their need for an extension as required by
Rule 10.5(b)(1)(C) of the Texas Rules of Appellate Procedure. Because
appellantsʼ motion to extend time does not comply with Rule 10(b)(1)(C), it
should be denied and this appeal should be dismissed. Tex. R. App. P.
42.3(c).
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A reasonable explanation is one demonstrating that failure to comply
with the deadline to perfect appeal was not deliberate or intentional but,
rather, the result of inadvertence, mistake, or mischance. Garcia v. Kaster
Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989).
For example, when an appellant filed a motion to extend time
containing no explanation to justify late filing of the notice of appeal, this
Court denied the motion to extend time for lack of good cause and
dismissed the appeal for want of jurisdiction. Mukwange v. Metro Transit
Auth., No. 14-00-01068-CV, 2000 WL 1356527, at *1 (Tex. App.—Houston
[14th Dist.] 2000, no pet.).
Because appellantsʼ motion to extend time failed to provide any
explanation to justify late filing, as did the motion to extend time in
Mukwange, the Court should deny appellantsʼ motion to extend for failure to
comply with Rule 10.5(b)(1)(C) of the Texas Rules of Appellate Procedure
and dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a), (c).
WHEREFORE, appellees Le Prive Enterprises, LLC, d/b/a Mekano
Live & Grill and Manuel Arellano respectfully request that appellants Eric E.
Perez and Edmundo Perezʼs appeal be dismissed.
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Respectfully submitted:
/s/ Daniel W. Jackson
Daniel W. Jackson, SBN 00796817
Scott K. Vastine, SBN 24056469
Jennifer H. Frank, SBN 24087537
3900 Essex Lane, Suite 1116
Houston, Texas 77027
(713) 522-4435
(713) 527-8850 – fax
daniel@jacksonlaw-tx.com
scott@jacksonlaw-tx.com
jennifer@jacksonlaw-tx.com
Counsel for Appellees
CERTIFICATE OF CONFERENCE
I certify that I attempted to confer with appellantsʼ counsel by written
correspondence and voicemail, but have not heard from appellantsʼ
counsel concerning this motion. Therefore, I presume appellants are
opposed to the relief sought in this motion.
/s/ Jennifer H. Frank
Jennifer H. Frank
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CERTIFICATE OF SERVICE
I certify that a copy of the foregoing document was served on all
counsel of record, via ProDocs, on April 8, 2015:
James Nathan Overstreet
J. Nathan Overstreet & Assoc., P.C.
8711 Highway 6 North, Suite 230
Houston, Texas 77095
Via email: overstreetlawfirm@gmail.com
/s/ Daniel W. Jackson
Daniel W. Jackson
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