Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/10/2015 8:37:20 AM JEFFREY D. KYLE Clerk

*1 ACCEPTED 03-13-00318-CV ^[4431261] THIRD COURT OF APPEALS AUSTIN, TEXAS 3/10/2015 8:37:20 AM JEFFREY D. KYLE CLERK N O . 03-13-00318-CV I N THE COURT OF APPEALS THIRD DISTRICT OF TEXAS

A USTIN , T EXAS JUAN A. MARTIN-DE-NICOLAS A PPELLANT VS . REX JONES APPELLEE A PPEALED FROM THE C OUNTY C OURT AT L AW N O . 2 OF T RAVIS C OUNTY , T EXAS C AUSE N O . C-1-CV-12-008738 OPPOSITION TO APPELLANT’S MOTION FOR EN BANC RECONSIDERATION RONALD L. CLARK TBN: 04298300 1701 Directors Boulevard, Suite 920 Austin, Texas 78744 (512) 445-1592 - Telephone (210) 394-1635 - Facsimile ronald.clark@farmersinsurance.com

ATTORNEY FOR APPELLEE ORAL ARGUMENT IS NOT REQUESTED

IDENTITY OF THE PARTIES AND COUNSEL

*2 Appellant – Plaintiff Below: Counsel Juan A. Martin-de-Nicolas Juan A. Martin-de-Nicolas

TBN: Pro Se 5604 Woodview Avenue Austin, Texas 78756 Tel: (512) 565-1498 Fax: None

Appellee – Defendant Below: Counsel Ronald L. Clark CLARK, PRICE & TREVINO TBN: 04298300 1701 Directors Boulevard, Suite 920 Austin, Texas 78744 Tel: (512) 445-1592 Rex Jones Fax: (210) 394-1635 ronald.clark@farmersinsurance.com

TO THE HONORABLE COURT OF APPEALS:

*3 Appellant has again filed another motion for reconsideration; this time en banc. Appellant served his motion for en banc reconsideration on or about February 17, 2015. Appellant still provides nothing new to change the Court’s prior opinion in this case.

Initially, Appellant sought rehearing from the Court’s August 28, 2014 opinion. Appellant’s motion for rehearing was denied on January 26, 2015. In the Court’s August 28, 2014 opinion, it found no reversible error. Plaintiff’s motion for en banc consideration does not bring forward any new matters or facts that could in any way be a basis for a rehearing. Appellant merely rehashes what he brought forward in his first appellate brief.

Pointing out again, Appellant was not denied any due process rights and the county court did not commit error. The Court properly found that appellant was not denied notice of any hearings. Appellant could not show any harm to him from the actions of the trial court below. Appellant tried his case in JP court and lost. He did not timely file his appeal to the county court at law, which is undisputed. Nothing done thereafter by the county court or appellee changed appellant’s failure to timely meet his timetables to perfect his appeal to county court. Appellant failed to timely file his attempt to perfect his appeal. There is no document in the record that indicated appellant’s intention to appeal the ruling of the justice court was ever *4 filed within the period for perfecting appeals. Appellant’s motion for new trial and JNOV do not demonstrate a desire to appeal. Further, he did not file a notice of appeal within the time for filing the appeal bond as set out in the rules and case law cited by appellant. Appellant filed his bond 13 days late. There was nothing done by appellee or the county court that caused or contributed to appellant’s failure to comply with the filing deadlines or to cure that failure. Exhibit A is attached as timeline for the Court.

Through exhaustive review, this Honorable Court of Appeals found no reversible error was committed by the trial court below nor were the actions of the appellee. Therefore, appellant’s motion for rehearing should be in all things denied.

*5 Respectfully submitted, CLARK, PRICE & TREVINO

BY:

Ronald L. Clark

TBN: 04298300

1701 Directors Boulevard, Suite 920 Austin, Texas 78744 Telephone: (512) 445-1580 Facsimile: (512) 383-0503 ronald.clark@farmersinsurance.com ATTORNEYS FOR APPELLEE

CERTIFICATE OF COMPLIANCE I certify that this document was produced on a computer using Microsoft Word 2003 and contains 845 words, as defined by the computer software's word- count function, excluding the sections of the documents listed in Texas Rules of Appellate Procedure 9.4 (i) (1)

_____________________________ Ronald L. Clark

CERTIFICATE OF SERVICE

*6 I certify that on the _10th_ day of March, 2015, a true and correct copy of the foregoing instrument was forwarded via certified mail, return receipt requested, and/or by hand delivery and/or by fax transmission and/or by regular mail, and/or by electronic service opposing counsel and to all other counsel of record of first- class regular mail.

Juan A. Martin-de-Nicolas 5604 Woodview Avenue Austin, Texas 78756

____________________________________ R ONALD L. C LARK

EXHIBIT A

*7 Step Action - Form TRCP Deadline Due Done

Rule 1 Trial court renders and signs 556 07/11/12 judgment by the court 2 Appellant files motion for 569 Step 1 within 07/18/12 07/18/12 JNOV and MNT 5 days of [excluding rendition of Sat. and judgment Sun. per

Rule 4] 07/23/12 ^[1] 3 Motion for JNOV and MNT 567 Step 1 within 07/23/12 is overruled by operation of 10 days after [including law – Justice Court without rendition of Sat. and power to sign order on MNT judgment Sun. per

Rule 4] 4 Appellant perfects de novo 571 Step 1 within 07/31/12 08/15/12 appeal to county court. and 20 days of a Under the holding in Searcy 573 judgment [10 -– if a party files a motion days + 10 for new trial in Justice days] Court, there is a maximum of 20 days to file an appeal bond

5 Appellant perfects de novo 571 Step 3 within 08/02/12 08/15/12 appeal to county court. and 10 days of a MNT was 573 judgment or overruled order by overruling operation MNT of law on

7-23-12

NOTES

[1] The ten day period expired on July 21, 2012. However, that day was a Saturday and so any deadline is extended to the next regular weekday, or July 23, 2012.