Case Information
*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 4/8/2015 1:20:02 PM CHRISTOPHER A. PRINE Clerk *1 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
Fourteenth Court of Appeals Houston, Texas 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 APPELLEES 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 *2 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 Perez ʼ s 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. Appellants 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
appellants 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).
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 appellants ʼ 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 appellants 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 Perez s appeal be dismissed.
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 appellants counsel by written
correspondence and voicemail, but have not heard from appellants
counsel concerning this motion. Therefore, I presume appellants are
opposed to the relief sought in this motion.
/s/ Jennifer H. Frank Jennifer H. Frank *5 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