Aleksander Borisov v. Kerry Lea Keels, Chief Clerk, Harris County Justice Court Precinct 5, Place 1 ( 2015 )

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
FILED IN
ALEKSANDER BORISOV, IN THE 1st
FIRST COURT OF APPEALS
$ HOUSTON, TEXAS
Appellant $ 11/12/2015 4:00:38 PM
s CHRISTOPHER A. PRINE
Clerk
v. $
$ COURT OF APPEALS
KERRY LEA KEELS $
CHIEF CLERK, $
HARRIS COTINTY JUSTICE COURT $
PRECINCT 5, PLACE 1 $
Appellee $ HOUSTON, TEXAS
APPELLEE'S OPPOSED MOTION TO DISMISS FOR LACK OF
JURISDICTION
Appellee asks the Court to either dismiss this appeal or affirm the trial
court's judgment.
A.INTRODUCTION
l. Appellant is Aleksander Borisov; appellee is Kerry Lea Keels, Chief Clerk
of Harris County Justice Court, Precinct 5, Place I .
2. The County Civil Court at Law No. 4 of Harris County, Texas, signed the
tinal judgment in the underlying case, Aleksander Borisov v Kerry Lea
Keels, cause number 1041858, on May 5,2015, in favor of appellee and
against appellant.
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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 dismiss this appeal because appellant filed the notice of
appeal after the deadline. See Eddins v. Borders, 71 S.W.3d 368, 371 (Tex.
App.-Tyler 2001, pet. Denied). It is 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.
6. Appellant filed his notice of appeal on June 5, 201 5, 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 of appeal late.
C. CONCLUSTON
7 . The appellant did not file the notice of appeal within the statutory deadline,
did not file a motion to extend the time to file the notice of appeal,, and did
not give any reason for filing a late notice ofappeal. The appellant's failures
have deprived the Court ofjurisdiction and the Court should dismiss the
appeal.
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D. PRAYER
8. For these reasons, appellee asks the Court to grant this motion and dismiss
this appeal, or in the alternative, to affirm the 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) 7 55-5221
Facsimile: (7 13) 155-8924
patrick.nag orski@cao.hctx.net
ATTORNEY FOR APPELLEE
KERRY LEA KEELS
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