Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 6/14/2015 8:01:45 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-15-00113-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 6/15/2015 12:00:00 AM CATHY LUSK CLERK
No.: 12-15-00113-CV
In The Court of Appeals TWELFTH DISTRICT OF TEXAS Tyler, Texas
__________________________________________________________________
JASON ROWELL
Appellant,
v. FIRETROL PROTECTION SYSTEMS Appellee.
__________________________________________________________________
Appealed from 114th Judicial District Court of Dallas County, Texas, the Honorable Christi Kennedy, Presiding __________________________________________________________________
REPLY TO FIRETROL’S RESPONSE TO MOTION TO RECONSDIER INVOLUNTARY DISMISSAL __________________________________________________________________
SBOT: 24069969 Law Office of Niles Illich, Ph.D., J.D. 701 Commerce Street, Suite 400 Telephone: (972) 802 − 1788 Facsimile: (972) 682 – 7586 ATTORNEY FOR APPELLANT JASON ROWELL *2 __________________________________________________________________
Argument for Reconsideration/Reinstatement __________________________________________________________________
This appeal has been untidy. However, the confusion that caused this appeal to be dismissed was a simple calendaring error that occurred only because counsel
read the message on his cellular telephone while he was outside of his office.
Further, the untidy aspects of the appeal have been resolved. Should this Court
reinstate the appeal, then the case can proceed to briefing expeditiously.
Counsel for Jason Rowell again suggests that the proper remedy is a sanction on counsel rather than an involuntary dismissal of this appeal.
Respectfully submitted, The Law Office of Niles Illich, Ph.D., J.D. 701 Commerce
Suite 400
Direct: (972) 802-1788 Facsimile: (972) 236-0088 2
CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Motion was served on:
Roger W. Anderson
Gillen and Anderson
613 Shelley Park Plz.
By electronic service on June 14, 2015.
/s/ Niles Illich
Niles Illich CERTIFICATE OF COMPLIANCE This is to certify that this motion complies with the length and style requirements in Rule 9.4 of the Texas Rules of Appellate Procedure. The motion
is presented in Times New Roman font, size 14. The motion contains 30 3 words.
3
Electronically Filed 5/13/2015 2:06:32 PM Lois Rogers, Smith County District Clerk Reviewed By: Lana Fields T HE L AW O FFICE OF N ILES I LLICH , P H .D., J.D.
701 Commerce, Suite 400
Direct: (972) 802−1788
May 14, 2015
District Clerk
114th District Court
Smith County District Court
100 N. Broadway
Room 204
Re: Jason Rowell v. Firetrol Protection Systems, Inc. ; Cause No. 15-0581-B
Dear Ms. Rhymes:
Please prepare the clerk’s record as required under Rule 34.5 of the Texas Rules of Appellate Procedure. I am designating every document that is in this record to be part of the
clerk’s record on appeal. Specifically, please include the following documents:
Filing Date: Description of Document:
03/17/2015 Original Petition (OCA)
03/17/2015 Civil Case Information Sheet
03/17/2015 Citation
03/25/2015 Citation Returned Served
03/31/2015 Original Answer
03/31/2015 Motion to Dismiss
04/06/2015 Letter
04/06/2015 Letter
04/06/2015 Motion for Sanctions
04/06/2015 Order Setting Hearing
04/07/2015 RESPONSE
04/08/2015 Order Setting Hearing
04/10/2015 Other
04/13/2015 Other (9:00 AM) (Judicial Officer Kennedy, Christi)
04/13/2015 Other (9:00 AM) (Judicial Officer Kennedy, Christi)
04/15/2015 Order of Dismissal
04/15/2015 Docket Sheet
04/16/2015 Other
04/17/2015 Motion for Judgment
04/20/2015 Notice of Submission
04/23/2015 Notice of Submission
04/29/2015 Notice of Appearance
04/29/2015 Notice of Appeal
04/29/2015 Motion for New Trial
04/30/2015 Certificate
04/30/2015 Designation of Clerk's Record
05/12/2015 Appeal Filed
05/13/2015 Final Judgment
05/13/2015 Order Setting Hearing
05/13/2015 Letter
05/13/2015 Other
Date unknown Request for production of reporter’s record and request for
production of clerk’s record, request for findings of fact and conclusions of law, any subsequent request for findings of fact and conclusions of law, and any findings of fact and conclusions of law entered by this Court. Any orders.
My client is responsible for any costs associated with producing this record. Please inform me of those costs and I will remit them to you promptly. At your request I am not including a
deposit with this designation. Please let me know what this will cost and I will remit payment
promptly.
Please file a copy of this in your record. I appreciate your assistance and I look forward to working with you.
Sincerely,
/s/ Niles Illich
Niles Illich, Ph.D., J.D.
CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Request for Preparation of Clerk’s Record was served on this the 14th day of May, 2015, on all parties/attorneys of record listed
below by:
Electronic Service Roger Anderson
Gillen & Anderson
613 Shelley Park Plaza