John W. Bowers v. Bank of America, N.A. ( 2015 )

ACCEPTED
06-15-00080-cv
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
11/2/2015 12:00:00 AM
DEBBIE AUTREY
CLERK
#06-15-00080-CV
FILED IN
6th COURT OF APPEALS
IN THE COURT OF APPEALS TEXARKANA, TEXAS
SIXTH JUDICIAL DISTRICT OF TEXAS
11/2/2015 8:15:00 AM
TEXARKANA TEXAS DEBBIE AUTREY
Clerk
JOHN W BOWERS (APPELLANT)
v
BANK OF AMERICA NA AS SUCCESSOR BY MERGER TO BAC HOME
LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS
SERVICING LP (APPELLEE)
__________________________________________________________________
Appeal from the rotating Court of Travis County: 250th Judicial District
Court Travis County Texas; Trial Court Case #D-1-GN-12-002006:
Honorable Karin Crump, Presiding; NOT Stephen Yelenosky
__________________________________________________________________
RESPONSE TO MOTION TO DISMISS FOR WANT OF JURISDICTION
TO THE HONORABLE COURT OF APPEALS:
Comes now Appellant, John W Bowers, who files to respond to the
motion to dismiss for want of jurisdiction:
1 TIME
The notice of appeal was filed on September 10, 2015 NOT September
14, 2015! See attached file stamp copy as Exhibit A. 75 days from May 29,
2015 is August 12, 2015 NOT July 13, 2015. Accordingly, the Motion for New
Trial was NOT overruled by operation of law. The Notice of Appeal clearly
states that this is an appeal from the denial of the Motion for New Trial. The
appellate record is not due until 120 days after the August 12, 2015 denial of
the Motion for New Trial. There is no want of jurisdiction?
2 APPELLATE RECORD
The Rule 32.1 material will be filed promptly. Also, a request for the
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34.5 Clerk’s Record will be filed within the time constraints.
3 PRAYER FOR RELIEF
WHEREFORE the aforementioned prays that the other side’s motion is
DENIED.
Respectfully submitted,
Robert Stuart Koelsch
State Bar No 11652020
PO BOX 4790
Lago Vista, Texas 78645-0008
(713) 882-7259 – Phone
(877) 216-5373 – Fax
rkoelsch2013@yahoo.com
Authorized Lawyer
CERTIFICATE OF SERVICE AND CONFERENCE
I certify that a true & correct copy of the foregoing has been served in
compliance with TRCP upon the other side(s) on or near the file stamp date,
without further consultation.
Robert Stuart Koelsch
AFFIDAVIT/VERIFICATION
BEFORE ME, the undersigned authority, on this day personally
appeared the Affiant, known to me as the person whose name is subscribed
below as the Affiant, and who, being duly sworn to tell the whole truth, did
depose and respectfully state on his oath as follows:
“I am the Affiant & am competent to make this affidavit. I further
depose that I have read the previous and foregoing and that every statement
of fact contained therein is true and correct to my personal knowledge as if set
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out herein at length. It is my intent to incorporate these statements of fact by
reference.
This affidavit was made under Pine v. Gibraltar Savings Association, 427
S.W.2d 714, 717-18 (Tex. Civ. App. -- Houston [1st Dist.] 1968, no writ), aff'd
after remand, 519 S.W.2d 238 (Tex. Civ. App. -- Houston [1st Dist.] 1975, writ
ref'd n.r.e.).” AFFIANT FURTHER SAYETH NOT.
Printed name: John W Bowers Affiant
SWORN and SUBSCRIBED to before me on the file stamp date.
Notary Public
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EXHIBIT A
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#06-15-00080-CV
IN THE COURT OF APPEALS
SIXTH JUDICIAL DISTRICT OF TEXAS
TEXARKANA TEXAS
JOHN W BOWERS (APPELLANT)
v
BANK OF AMERICA NA AS SUCCESSOR BY MERGER TO BAC HOME
LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS
SERVICING LP (APPELLEE)
__________________________________________________________________
Appeal from the rotating Court of Travis County: 250th Judicial District
Court Travis County Texas; Trial Court Case #D-1-GN-12-002006:
Honorable Karin Crump, Presiding; NOT Stephen Yelenosky
__________________________________________________________________
ORDER
The Appellee’s Motion to Dismiss for Want of Jurisdiction is DENIED.
Appellant’s Motion to Compel a face to face meeting per Travis County Local
Rule 13.3(a) is:
________ GRANTED ________ DENIED, Appellant’s timely objected.
SIGNED on
_________________________
JUSTIC PRESIDING
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