John W. Bowers v. Bank of America, N.A.

Opinion

ACCEPTED 06-15-00080-cv

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS 11/2/2015 12:00:00 AM

DEBBIE AUTREY

CLERK

#06-15-00080-CV

FILED IN

6th COURT OF APPEALS

IN THE COURT OF APPEALS TEXARKANA, TEXAS SIXTH JUDICIAL DISTRICT OF TEXAS 11/2/2015 8:15:00 AM

TEXARKANA TEXAS DEBBIE AUTREY Clerk

JOHN W BOWERS (APPELLANT)

v

BANK OF AMERICA NA AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP (APPELLEE)

__________________________________________________________________

Appeal from the rotating Court of Travis County: 250th Judicial District Court Travis County Texas; Trial Court Case #D-1-GN-12-002006: Honorable Karin Crump, Presiding; NOT Stephen Yelenosky

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RESPONSE TO MOTION TO DISMISS FOR WANT OF JURISDICTION

TO THE HONORABLE COURT OF APPEALS:

Comes now Appellant, John W Bowers, who files to respond to the motion to dismiss for want of jurisdiction: 1 TIME

The notice of appeal was filed on September 10, 2015 NOT September 14, 2015! See attached file stamp copy as Exhibit A. 75 days from May 29, 2015 is August 12, 2015 NOT July 13, 2015. Accordingly, the Motion for New Trial was NOT overruled by operation of law. The Notice of Appeal clearly states that this is an appeal from the denial of the Motion for New Trial. The appellate record is not due until 120 days after the August 12, 2015 denial of the Motion for New Trial. There is no want of jurisdiction?

2 APPELLATE RECORD

The Rule 32.1 material will be filed promptly. Also, a request for the 34.5 Clerk’s Record will be filed within the time constraints.

3 PRAYER FOR RELIEF

WHEREFORE the aforementioned prays that the other side’s motion is DENIED.

Respectfully submitted,

Robert Stuart Koelsch State Bar No 11652020 PO BOX 4790 Lago Vista, Texas 78645-0008 (713) 882-7259 – Phone (877) 216-5373 – Fax rkoelsch2013@yahoo.com Authorized Lawyer

CERTIFICATE OF SERVICE AND CONFERENCE

I certify that a true & correct copy of the foregoing has been served in compliance with TRCP upon the other side(s) on or near the file stamp date, without further consultation.

Robert Stuart Koelsch

AFFIDAVIT/VERIFICATION

BEFORE ME, the undersigned authority, on this day personally appeared the Affiant, known to me as the person whose name is subscribed below as the Affiant, and who, being duly sworn to tell the whole truth, did depose and respectfully state on his oath as follows:

“I am the Affiant & am competent to make this affidavit. I further depose that I have read the previous and foregoing and that every statement of fact contained therein is true and correct to my personal knowledge as if set out herein at length. It is my intent to incorporate these statements of fact by reference.

This affidavit was made under Pine v. Gibraltar Savings Association, 427 S.W.2d 714, 717-18 (Tex. Civ. App. -- Houston [1st Dist.] 1968, no writ), aff'd after remand, 519 S.W.2d 238 (Tex. Civ. App. -- Houston [1st Dist.] 1975, writ ref'd n.r.e.).” AFFIANT FURTHER SAYETH NOT.

Printed name: John W Bowers Affiant

SWORN and SUBSCRIBED to before me on the file stamp date.

Notary Public

EXHIBIT A

#06-15-00080-CV

IN THE COURT OF APPEALS

SIXTH JUDICIAL DISTRICT OF TEXAS TEXARKANA TEXAS

JOHN W BOWERS (APPELLANT)

v

BANK OF AMERICA NA AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP (APPELLEE)

__________________________________________________________________

Appeal from the rotating Court of Travis County: 250th Judicial District Court Travis County Texas; Trial Court Case #D-1-GN-12-002006: Honorable Karin Crump, Presiding; NOT Stephen Yelenosky

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ORDER

The Appellee’s Motion to Dismiss for Want of Jurisdiction is DENIED.

Appellant’s Motion to Compel a face to face meeting per Travis County Local Rule 13.3(a) is:

________ GRANTED ________ DENIED, Appellant’s timely objected.

SIGNED on

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JUSTIC PRESIDING