ACCEPTED
06-15-00080-cv
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/13/2015 3:35:27 PM
DEBBIE AUTREY
CLERK
NO. 06-15-00080-CV
FILED IN
IN THE COURT OF APPEALS 6th COURT OF APPEALS
SIXTH JUDICIAL DISTRICT OF TEXAS TEXARKANA, TEXAS
10/13/2015 3:35:27 PM
TEXARKANA, TEXAS
DEBBIE AUTREY
Clerk
JOHN W. BOWERS,
APPELLANT,
v.
BANK OF AMERICA, NA, AS SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS
SERVICING, LP,
APPELLEE.
Appeal from the 345TH Judicial District Court
Travis County, Texas
Trial Court Case No. D-1-GN-12-002006
Hon. Stephen Yelenosky, Presiding
APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTION
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellee Bank of America, NA, as Successor by Merger to
BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP
(“Appellee”), and files this its Motion to Dismiss for Want of Jurisdiction, and
respectfully shows as follows:
APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTION PAGE 1
I.
1. Appellant John W. Bowers (“Appellant”) on September 14, 2015 filed
his Notice of Appeal in the Court of Appeals for the Third Judicial District, Austin,
Texas. See Docket, September 14, 2015. The appeal was transferred to this Court
on September 30, 2015. See Docket, September 30, 2015. The appeal is untimely
and must be dismissed for want of jurisdiction.
2. Final Judgment was entered on April 29, 2015 in the 345th Judicial
District Court of Travis County, Texas (the “Trial Court”). A true and correct
copy of the Judgment is attached hereto as Exhibit A.
3. Appellant filed a Motion for New Trial in the Trial Court on May 29,
2015. A true and correct copy of the Motion for New Trial is attached hereto as
Exhibit B. The Trial Court did not rule on the Motion for New Trial within 75
days of the date the Judgment was signed, and it was accordingly overruled as a
matter of law on July 13, 2015. TEX. R. CIV. P. 329b(c).
4. The Trial Court later entered an order expressly denying the Motion
for New Trial on August 12, 2015. A true and correct copy of the Order on
Plaintiff’s Motion for New Trial is attached hereto as Exhibit C.
5. The deadline for Appellant to file his Notice of Appeal was July 28,
2015, ninety days after the Judgment was signed by the Trial Court. TEX. R. APP.
P. 26.1(a). Appellant did not file his Notice of Appeal until September 14, 2015.
APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTION PAGE 2
6. Appellee therefore requests the Court dismiss this appeal for want of
jurisdiction. See TEX. R. APP. P. 26.1(a).
II.
WHEREFORE, PREMISES CONSIDERED, Appellee respectfully requests
the Court dismiss Appellant’s appeal for want of jurisdiction and provide Appellee
with all other and further relief to which it may be entitled.
Respectfully submitted,
By: /s/ Mark D. Cronenwett
MARK D. CRONENWETT
Texas Bar No. 00787303
mcronenwett@mwzmlaw.com
MACKIE WOLF ZIENTZ & MANN, PC
14160 N. Dallas Parkway, Suite 900
Dallas, Texas 75254
Telephone: (214) 635-2670
Facsimile: (214) 635-2686 (Fax)
ATTORNEYS FOR APPELLEE BANK
OF AMERICA, NA, AS SUCCESSOR
BY MERGER TO BAC HOME LOANS
SERVICING, LP f/k/a COUNTRYWIDE
HOME LOANS SERVICING, LP
CERTIFICATE OF SERVICE
The undersigned certifies that on the 13th day of October, 2015, a true and
correct copy of the foregoing document was delivered to the following counsel of
record in the manner described:
Via Regular Mail and CMRRR:
Robert S. Koelsch
PO BOX 4790
Lago Vista, TX 78645-0008
APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTION PAGE 3
/s/ Mark D. Cronenwett
MARK D. CRONENWETT
APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTION PAGE 4