Eric E. Perez and Edmundo Perez v. Le Prive Enterprise, L.L.C. D/B/A Mekano Live & Grill and Manuel Arellano

Opinion

ACCEPTED

14-15-00291-CV

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS

4/8/2015 1:20:02 PM

CHRISTOPHER PRINE

CLERK

NO. 14-15-00291-CV

In The FILED IN 14th COURT OF APPEALS

Fourteenth Court of Appeals HOUSTON, TEXAS

4/8/2015 1:20:02 PM

CHRISTOPHER A. PRINE

Houston, Texas Clerk

Eric E. Perez and Edmundo Perez, Appellants,

v.

Le Prive Enterprises, LLC d/b/a Mekano Live & Grill, and Manuel Arellano, Appellees.

On Appeal from the 127th Judicial District Court of Harris County, Texas

Trial Court Cause No. 2013-74140

APPELLEESʼ MOTION TO DISMISS APPEAL FOR WANT OF JURISDICTION

Daniel W. Jackson, SBN 00796817 Scott K. Vastine, SBN 24056469 Jennifer H. Frank, SBN 24087537 The Jackson Law Firm

3900 Essex Lane, Suite 1116 Houston, Texas 77027

(713) 522-4435

(713) 527-8850 – fax

Counsel for Appellees

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

Appellees Le Prive Enterprises, LLC, d/b/a Mekano Live & Grill and Manuel Arellano respectfully request that appellants Eric E. Perez and Edmundo Perezʼs motion to extend time be denied and their appeal be dismissed for want of jurisdiction. Tex. R. App. P. 10.5(b)(1)(C), 42.3(a), (c).

On December 18, 2014, the trial court entered final judgment. On January 19, 2015, appellants filed a motion for reconsideration and motion for new trial, which were set for an oral hearing on March 27, 2015, but were overruled by operation of law on March 3, 2015. Appellantsʼ deadline to perfect an appeal was March 18, 2015.

Appellants filed their notice of appeal on April 1, 2015. Appellants also filed a motion for extension of time on the same day, but failed to provide a single fact explaining their need for an extension as required by Rule 10.5(b)(1)(C) of the Texas Rules of Appellate Procedure. Because appellantsʼ motion to extend time does not comply with Rule 10(b)(1)(C), it should be denied and this appeal should be dismissed. Tex. R. App. P. 42.3(c).

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A reasonable explanation is one demonstrating that failure to comply with the deadline to perfect appeal was not deliberate or intentional but, rather, the result of inadvertence, mistake, or mischance. Garcia v. Kaster Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989).

For example, when an appellant filed a motion to extend time containing no explanation to justify late filing of the notice of appeal, this Court denied the motion to extend time for lack of good cause and dismissed the appeal for want of jurisdiction. Mukwange v. Metro Transit Auth., No. 14-00-01068-CV, 2000 WL 1356527, at *1 (Tex. App.—Houston [14th Dist.] 2000, no pet.).

Because appellantsʼ motion to extend time failed to provide any explanation to justify late filing, as did the motion to extend time in Mukwange, the Court should deny appellantsʼ motion to extend for failure to comply with Rule 10.5(b)(1)(C) of the Texas Rules of Appellate Procedure and dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a), (c).

WHEREFORE, appellees Le Prive Enterprises, LLC, d/b/a Mekano Live & Grill and Manuel Arellano respectfully request that appellants Eric E. Perez and Edmundo Perezʼs appeal be dismissed.

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Respectfully submitted:

/s/ Daniel W. Jackson

Daniel W. Jackson, SBN 00796817 Scott K. Vastine, SBN 24056469 Jennifer H. Frank, SBN 24087537 3900 Essex Lane, Suite 1116 Houston, Texas 77027

(713) 522-4435

(713) 527-8850 – fax

daniel@jacksonlaw-tx.com

scott@jacksonlaw-tx.com

jennifer@jacksonlaw-tx.com

Counsel for Appellees

CERTIFICATE OF CONFERENCE I certify that I attempted to confer with appellantsʼ counsel by written correspondence and voicemail, but have not heard from appellantsʼ counsel concerning this motion. Therefore, I presume appellants are opposed to the relief sought in this motion.

/s/ Jennifer H. Frank

Jennifer H. Frank

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CERTIFICATE OF SERVICE

I certify that a copy of the foregoing document was served on all counsel of record, via ProDocs, on April 8, 2015:

James Nathan Overstreet J. Nathan Overstreet & Assoc., P.C. 8711 Highway 6 North, Suite 230 Houston, Texas 77095

Via email: overstreetlawfirm@gmail.com

/s/ Daniel W. Jackson

Daniel W. Jackson