Javier H. Perez v. Patricia Villarreal and Israel Villarreal

Opinion

Fourth Court of Appeals

San Antonio, Texas

April 8, 2014

No. 04-13-00148-CV

Javier H. PEREZ,

Appellant

v.

Patricia VILLARREAL and Israel Villarreal, Appellees

From the 111th Judicial District Court, Webb County, Texas Trial Court No. 2011-CVT-000406-D2 Honorable Monica Z. Notzon, Judge Presiding

ORDER

Appellant has filed a response to the appellees’ motion to dismiss for want of jurisdiction. We denied the motion to dismiss by order dated March 13, 2014 – before appellant’s response was filed. In his response, appellant asks this court to impose sanctions on appellees for filing a frivolous motion to dismiss. Although we agree the motion to dismiss was without merit as it did not take into consideration the supreme court’s opinion in Verburgt v. Dorner, 959 S.W.2d 615, (Tex. 1997) or this court’s April 24, 2013 order noting that appellant had, per Verburgt, offered a reasonable explanation for the untimely filing of the notice of appeal, we DENY appellant’s request for sanctions.

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Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of April, 2014.

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Keith E. Hottle Clerk of Court