Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/17/2015 10:36:30 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00346-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/17/2015 10:36:30 PM CHRISTOPHER PRINE CLERK CASE NO. 01-15-_________________-CV
VELJACO CORP., INC., et al. , § IN THE FIRST
§
Appellants, §
§
v. § COURT OF APPEALS
§
CLEAR CREEK INDEP. SCH. DIST., et al., §
§
Appellees. § HOUSTON, TEXAS
APPELLANTS’ MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Appellant asks the Court to extend the time to file the notice of appeal.
INTRODUCTION
1. Appellants are Veljaco Corp., Inc., d/b/a El upper Meat market & Tacqueria and
Carmen Gloria Veljanovich, individually; appellees are Clear Creek Independent School District,
Harris County, and the City of Webster. This motion is filed with the 15-day period to file a motion to extend the time to
file a notice of appeal, as required by Texas Rule of Appellate Procedure 26.3. The 165th Judicial District Court of Harris County, Texas, signed the final
judgment in the underlying case, Clear Creek Ind. Sch. Dist., et al. v. GNM Enters., Inc. d/b/a El
Super, et al., cause number 2013-04925, on March 2, 2015, in favor of appellees and against
appellants.
ARGUMENT & AUTHORITIES The Court has the authority under Rule 26.3 to grant an extension of time to file the
notice of appeal. The deadline to file the notice of appeal was April 2, 2015. *2 Appellants filed the notice of appeal in the trial court on April 16, 2015, within 15
days after the deadline. See T EX . R. A PP . 26.3; Velasquez v. Teltschik, 932 S.W.2d 666, 667 (Tex.
App.—Houston [14th Dist.] 1996, writ denied). Appellants request an additional 15 days to file the notice, extending the time until
April 17, 2015. See T EX . R. A PP . P. 26.3(b); Brown Mech Servs. v. Mountbatten Sur. Co., 377
S.W.3d 40, 42 (Tex. App.—Houston [1st Dist.] 2012, no pet.). Appellants seek additional time to file the notice of appeal because they had timely
filed a request for a de novo hearing of the associate judge’s report and recommendation and was
waiting to file the notice until after having an evidentiary hearing on the request before the trial
court. However, due to the refusal of the trial court to permit an evidentiary hearing on the request,
appellants were forced to late file the notice of appeal. No extension has been granted to extend the time to file the notice of appeal.
10. Attached to this motion as Exhibit A is the appellants’ notice of appeal, date-
stamped by the trial court. See T EX . R. A PP . P. 26.3(b); Ace Ins. v. Zurich Am. Ins., 59 S.W.3d
424, 426 n.1 (Tex. App.—Houston [1st Dist.] 2001, pet. denied).
CONCLUSION
11. Appellant requests and additional 15 days to file the notice, extending the time until
April 17, 2015. Appellants seek additional time to file the notice of appeal because they had timely
filed a request for a de novo hearing of the associate judge’s report and recommendation and was
waiting to file the notice until after having an evidentiary hearing on the request before the trial
court. However, due to the refusal of the trial court to permit an evidentiary hearing on the request,
appellants were forced to late file the notice of appeal. No extension has been granted to extend
the time to file the notice of appeal.
PRAYER Mark Aronowitz For these reasons, appellants ask the Court to grant an extension of time to file the notice of appeal to April 17, 2015.
Respectfully submitted, By: ______________________________________ MARK ARONOWITZ Attorney for Appellants State Bar No.: 00793281 P.O. Box 1201 Texas City, TX 77592-1201 Tel: (281) 402-6780 Fax: (281) 715-4284 Email: markaronowitz@hotmail.com CERTIFICATE OF SERVICE
I certify that I served a copy of the Appellant’s Motion to Extend Time to File Notice of
Appeal by a method permitted by Rule 21a of the Texas Rules of Civil Procedure on April 17,
_______________________________________ *4 EXHIBIT A *5 4/16/2015 9:44:19 PM
Chris Daniel - District Clerk Harris County Envelope No. 4925786 By: Phyllis Washington Filed: 4/16/2015 9:44:19 PM CAUSE NO. 2013-04,925
CLEAR CREEK INDEP. SCH. DIST., et al., § IN THE DISTRICT COURT
Plaintiffs, §
§
v. § OF HARRIS COUNTY, TEXAS
§
GNM ENTERS. D/B/A EL SUPER, et al., §
§
Defendants. § 165th JUDICIAL DISTRICT
VELJANOVICH DEFENDANTS’ NOTICE OF APPEAL
TO THE HON. ELIZABETH RAY, PRESIDING JUDGE OF SAID COURT:
This Notice of Appeal is filed by Veljaco Corp., Inc., d/b/a El Super Meat Market &
Taqueria and Carmen Gloria Veljanovich, collectively the “Veljanovich Defendants,” parties to
this proceeding who seek to appeal the trial court’s judgment.
1. The trial court, cause number, and style of this case are as shown in the caption
above. The judgment or order appealed from was signed on March 2, 2015. The Veljanovich Defendants desire to appeal from all portions of the judgment. This appeal is being taken to either the First or Fourteenth Court of Appeals. This notice is filed by the Veljanovich Defendants.
Respectfully submitted, By: ________________________________ Attorney for Veljanovich Defendants State Bar No.: 00793281 P.O. Box 1201 Texas City, Texas 77592-1201 Tel: (281) 402-6780 Fax: (281) 715-4284 Email: markaronowitz@hotmail.com *6 CERTIFICATE OF SERVICE
I certify that I sent a copy of the Veljanovich Defendants’ Notice of Appeal to all parties
of record through their attorney of record by a method permitted by Rule 21a of the Texas Rules
of Civil Procedure on April 16, 2015.
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