Jason Rowell v. Firetrol Protection Systems ( 2015 )

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 FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
Court of Appeals
6/14/2015 8:01:45 PM
CATHY S. LUSK
Clerk
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
__________________________________________________________________
Niles Illich
SBOT: 24069969
Law Office of Niles Illich, Ph.D., J.D.
701 Commerce Street, Suite 400
Dallas, Texas 75202
Telephone: (972) 802 − 1788
Facsimile: (972) 682 – 7586
Email: Niles@appealstx.com
ATTORNEY FOR APPELLANT
JASON ROWELL
__________________________________________________________________
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,
/s/ Niles Illich
Niles Illich
The Law Office of Niles Illich, Ph.D., J.D.
701 Commerce
Suite 400
Dallas, Texas 75202
Direct: (972) 802-1788
Facsimile: (972) 236-0088
Email: Niles@appealstx.com
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.
Tyler, Texas 75701
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 303 words.
/s/ Niles Illich
Niles Illich
3
Electronically Filed
5/13/2015 2:06:32 PM
Lois Rogers, Smith County District Clerk
Reviewed By: Lana Fields
THE LAW OFFICE OF NILES ILLICH, PH.D., J.D.
701 Commerce, Suite 400
Dallas, Texas 75202
Direct: (972) 802−1788
Email: Niles@appealstx.com
May 14, 2015
District Clerk
114th District Court
Smith County District Court
100 N. Broadway
Room 204
Tyler, Texas 75702
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
Tyler, Texas 75701
/s/ Niles Illich
Niles Illich