Primestar Construction, Inc. v. City of Dallas, Texas ( 2018 )

ACCEPTED 05-17-01447-cv FIFTH COURT OF APPEALS DALLAS, TEXAS 1/31/2018 3:23 PM LISA MATZ CLERK NO. 05-17-01447-cv FILED IN PRIMESTAR CONSTRUCTION, INC. $ il\ THE COURT of5thAPPEALS COURT OF APPEALS APPELLANT $ DALLAS, TEXAS $ 01/31/2018 5'n DISTRICT OF TEXAS 3:23:21 PM AT DALLAS v.$ LISA MATZ Clerk $ TRrAL COURT CAUSE NO. DC-17-0s460 CITY OF DALLAS $ APPELLEE APPELLANT MOTION TO REINSTATE APPEAL NOW COMES, Primestar Construction, Inc. ("Appellant"), to file this, her Motion for Rehearing to Vacate the Order of Dismissal and Reinstate the Appeal, and respectfully shows the Courl as follows: On January 30, 2018, the Court of Appeals for the Fifth District of Texas at Dallas, dismissed this case pursuant to Tex. R. App. P. 42. (3)b, (c). Appellant submits that the dismissal of the appeal was not due to conscious indifference but rather caused by accident or mistake. This matter was dismissed because the $205.00 filing fees were not paid, and the docketing statement was not submitted. Due to clerical error, the undersigned attorney had not received the post card mailings requesting the docketing statement and filing fees. However, both will be submitted today. Appellant believes that she has a meritorious claim and wishes to proceed with her appeal. in light of the foregoing. Appellant requests that the Courl vacate the order of dismissal entered into these proceedings and reinstate the case for appeal. Finally, since the time for filing a brief has not occurred, Appellee, City of Dallas, will not be prejudiced by the relief requested in this Motion. Respectfully submitted By: /s/Lori C. Grav LORI C. GRAY State Bar No. 08327400 I 1500 Norlhwest Freeway ste. 340 HOUSTON,TXT]092 Tel: (713) 457-1708 Fax: (713) 457-1710 lori graylaw@ gmail. com Attorney for PRIMESTAR CONS'fRUCTION Certificate of Service I certify that on January 3 . 201 8 a true and comect copy 1 of the foregoing Appellant's Motion to Reinstate Appeal was served on the parties or attorneys of record via electronic mail as follows: Charles Estee Assistant Dallas City Attorney City Of Dallas/7bn Dallas Ciry Hall 1500 Marilla Street #7BN Dallas, TX7520l * DELIVERED VIA E,-MAIL * Joseph Rutherford Willie II Willie & Associates. P.C. 4151 Southwest Fwy Ste. 490 Houston, TX77027-7307 * DELIVERED VIA E-MAIL * /s/Lori C. Grav LORI C. GRAY Attorney for PRIMESTAR CONSTRUCTION 01/31/2018 1t 40Ait FAX 7134571710 LAlY OFFICE OF LOBI GRAY @000 r/0001 W]RIFICATION OF 4PPEI,I,ANT'S MOTION TO RFINSI]ATE APPEAI, s]'nrE oF TLXAS $ COI.INTY OII HARRIS $ I, Lori c. Gray, under penalty of pcriuy, ancl upon my oath, state as foilows: My narne is Lor:i C. Gray. I arn ovcr the age of eightccn years, havc never been convicted of auy ctime, arrd compctent to rnake this Verification. I am the attorney ftrr tlie Appellarrt i1thc I stprled matter Primcslar construction, InQ. v. city of Dallas casc No. 05-17-01447-cv. I hercbv ---- - - J vflifu that the facts ptovidecl in thc Ap1:ellant's Molion to Reinstate Appeal arc true and corrcct. FpRTHER AI'FTANT SAYETH NAUGI.TT." sutsscRIBEI) a.d swoRN'I'o BEFORE MJr, on rhe 3lstclay oI'January 20rg. i ..';ir,i, < EtItDGElTE GAERTNER i ,i.- r-1, , , Ntrlali P'll'l:c, State ol Texas ;: l.\ ...,,'\./ f. .,, t,!'/ Cornmission ve,Iri''r! Explres ::,l "iI -\: ' .' JULY 16, ;:o1B - NO. 05-17 -01447 -cv PRIMESTAR CONSTRUCTION, INC. $ IN THE COURT of APPEALS APPELLANT $ $ 5,, DISTRICT OF TEXAS AT DALLAS v.$ $ TRrAL COURT CAUSE NO. DC-17-05460 CITY OF DALLAS $ APPELLEE ORDER ON APPELLANT'S MOTION TO REINSTATE APPEAL On , 2018 the Courl considered the Appellant's Motion to Reinstate Appeal of PRIMESTAR CONSTRUCTION, INC, iT IS ORDERED that the order dismissing this case is set aside and that the case is reinstated on the docket of this Court, to the same eflect as if it had never been dismissed. SIGNED on JUDGE PRESIDING