Roger K. Parsons, Individually and as Independent Administrator for the Estate of Esther Ann Kartsotis Parsons v. Michael Kevin Queenan and the Queenan Law Firm ( 2015 )

ACCEPTED
05-15-01375-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
12/3/2015 3:38:18 PM
LISA MATZ
CLERK
Court of Appeals No. 05-15-01375-CV
Trial Court Case No. DC-15-00971
FILED IN
Roger K. Parsons, individually, and as § 5th COURT
IN THE COURT OF APPEALS
OF APPEALS
DALLAS, TEXAS
Independent Administrator for the estate § 12/3/2015 3:38:18 PM
of Esther Ann Kartsotis Parsons, § LISA MATZ
Appellant § FIFTH DISTRICT OF TEXAS
Clerk
v. §
Michael Kevin Queenan §
and the Queenan Law Firm §
Appellees § AT DALLAS
Appellant’s Motion to Extend Time to File Notice of Appeal
In response to a 12/2/2015 letter from Clerk-of-the-Court Lisa Matz (Ex. 1),
Appellant respectfully moves for more time to file notice of appeal regarding Court of
Appeals No. 05-15-01375-CV (Trial Court Case No. DC-15-00971), originating from the
160th District Court in Dallas County, Texas, Judge Jim Jordan presiding.
The Clerk’s 12/2/15 review of submitted documents states information sufficient
to satisfy all but one element of Tex. R. App. P. 10.5(b). To quote, this appeal concerns
an order signed by the trial court on July 28, 2015 granting summary
judgment with regard to all claims in the case.
Further,
Appellant filed a timely motion for new trial. Accordingly, appellant’s
notice of appeal was due on October 26, 2015. See TEX. R. APP. P. 26.1(a).
The clerk’s record shows, however, that the notice of appeal was not filed
until November 10, 2015.
Finally,
Because the notice … was filed within fifteen days of the deadline, appellant
can remedy the timeliness problem by filing, within ten days of the date of
this letter, a motion for extension that complies with rule 10.5(b).
Motion to Extend Time to File Notice of Appeal in Parsons v. Queenan p. 1 of 2
To address Tex. R. App. P. 10.5(b)(1)(C), which requires “the facts relied on to
reasonably explain the need for an extension,” Appellant’s counsel admits to
miscalculating the applicable deadline. Further, counsel avers the miscalculation was not
the result of conscious indifference---it was a mistake for which counsel apologizes to
Clerk, Court, Appellees and opposing counsel. Finally, counsel avers that there was no
intent on the part of Appellant or counsel to delay the determination of this matter.
Appellant prays that this motion be granted and that the above-styled appeal be
addressed by the Court.
Respectfully submitted,
CERTIFICATE OF SERVICE
I certify that on 12/3/15, I served the foregoing on opposing counsel:
Marshall M. Searcy, Jr. and Caleb B. Bulls
201 Main Street, Suite 2500, Fort Worth, Texas 76102
caleb.bulls@kellyhart.com; marshall.searcy@kellyhart.com
Motion to Extend Time to File Notice of Appeal in Parsons v. Queenan p. 2 of 2
CHIEF JUSTICE LISA MATZ
CAROLYN WRIGHT
Exhibit 1 CLERK OF THE COURT
(214) 712-3450
JUSTICES theclerk@5th.txcourts.gov
DAVID L. BRIDGES
MOLLY FRANCIS GAYLE HUMPA
DOUGLAS S. LANG BUSINESS ADMINISTRATOR
ELIZABETH LANG-MIERS (214) 712-3434
Court of Appeals
ROBERT M. FILLMORE gayle.humpa@5th.txcourts.gov
LANA MYERS
DAVID EVANS
DAVID LEWIS Fifth District of Texas at Dallas FACSIMILE
(214) 745-1083
ADA BROWN
600 COMMERCE STREET, SUITE 200
CRAIG STODDART INTERNET
BILL WHITEHILL DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX
DAVID J. SCHENCK (214) 712-3400
December 2, 2015
Mr. Christopher Nygaard
Nygaard Law
Chicago Title Building
1400 Preston Rd., Suite 400
Plano, TX 75093
RE: Court of Appeals Number: 05-15-01375-CV
Trial Court Case Number: DC-15-00971
Style: Roger K. Parsons, Individually and as Independent Administrator for the Estate of Esther
Ann Kartsotis Parsons
v.
Michael Kevin Queenan and the Queenan Law Firm
Dear Mr. Nygaard:
The Court has reviewed the clerk’s record in this case. The appeal concerns an order
signed by the trial court on July 28, 2015 granting summary judgment with regard to all claims in
the case. Appellant filed a timely motion for new trial. Accordingly, appellant’s notice of
appeal was due on October 26, 2015. See TEX. R. APP. P. 26.1(a). The clerk’s record shows,
however, that the notice of appeal was not filed until November 10, 2015.
Without a timely filed notice of appeal, the Court lacks jurisdiction. See TEX. R. APP. P.
25.1 The Court may, however, grant an appellant an extension of time to file a notice of appeal
if the appellant filed the notice of appeal within fifteen days of the deadline and files a motion
complying with rule 10.5(b) of the rules of appellate procedure. TEX. R. APP. P. 26.3. Because
the notice of appeal was filed within fifteen days of the deadline, appellant can remedy the
timeliness problem by filing, within ten days of the date of this letter, a motion for extension
that complies with rule 10.5(b).
Exhibit 1
We caution you that failure to file a proper extension motion by the deadline set forth in
this letter may result in the dismissal of the appeal for lack of jurisdiction.
Respectfully,
/s/ Lisa Matz, Clerk of the Court
cc:
Mr. Marshall M. Searcy Jr.
Kelly, Hart & Hallman LLP
201 Main Street, Suite 2500
Fort Worth, TX 76102-3129
2