*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 11/12/2015 4:00:38 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00522-CV

FIRST COURT OF APPEALS HOUSTON, TEXAS 11/12/2015 4:00:38 PM CHRISTOPHER PRINE CLERK No. 0l-15-00522-CV

ALEKSANDER BORISOV, IN THE FIRST $

Appellant $

s v. $ COURT OF APPEALS

$ KERRY LEA $

CHIEF CLERK, $

HARRIS COTINTY JUSTICE COURT $

PRECINCT PLACE $ HOUSTON, TEXAS

Appellee $

APPELLEE'S OPPOSED MOTION TO DISMISS LACK OF

JURISDICTION

Appellee Court to either or trial

court's judgment.

A.INTRODUCTION

l. Appellant Aleksander Borisov; appellee is Kerry Lea Keels, Chief Clerk Harris County Justice Court, Precinct Place I . County Civil at Law No. 4 Harris County, Texas, signed the

tinal judgment in underlying case, Aleksander Borisov v Kerry Lea

Keels, cause number 1041858, on May 5,2015, in favor and

against appellant.

B. ARGUMENTS AND AUTHORJTIES

3. The Court has the authority under Texas Rule of Appellate Procedure

42.3(a) to dismiss an appeal for lack of jurisdiction.

4. The Court should this appeal because appellant filed the notice of after the deadline. See Eddins v. Borders, 71 S.W.3d 368, 371 (Tex.

App.-Tyler 2001, pet. Denied). It now too late for appellant to ask for an

extension under Texas Rule of Appellate Procedure 26.3. See Tex. R. App.

P.42.3(a); Verburgt v. Dorner,959 S.W.2d 615,617 (Tex. 1997).

5. The notice of appeal was due on June 4,2015. The deadline to file a motion

to extend the time to file the notice of appeal was June 19,2015. Appellant filed his notice of appeal on June 201 one day after the

deadline to file it. Appellant did not file a motion to extend the time to file

the notice ofappeal. Appellant also did not give any reason for filing the

notice appeal late.

C. CONCLUSTON . The appellant did not file the notice appeal within the statutory deadline,

did not file a to extend time to file the notice appeal,, and did

not give any reason for filing a late notice ofappeal. appellant's failures

have deprived ofjurisdiction Court should dismiss the

appeal.

D. PRAYER For these reasons, Court to grant this dismiss appeal, or in the alternative, to trial court'sjudgment. Respectfully submitted, VTNCERYAN HaRRrs CorNrv ArroPNpv /S/ Patrick E. Nasorski PATRICK E. NAGORSzu Assistant County Attorney State Bar No.24074787 l0l9 Congress, l5'h Floor Houston, Texas 77002 Telephone: (7 13) 55-5221 Facsimile: (7 13) 155-8924 patrick.nag orski@cao.hctx.net ATTORNEY APPELLEE KERRY LEA