Seed to Harvest Real Estate, LLC v. Carolyn Turner

Court of Appeals of Texas·Decided May 9, 2025·No. 15-25-00048-CV·Published

Opinion

ACCEPTED 15-25-00048-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/9/2025 4:29 PM CAUSE NO. 15-25-00048-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FILED IN 15th COURT OF APPEALS FIFTEENTH DISTRICT OF TEXAS AT AUSTIN AUSTIN, TEXAS 5/9/2025 4:29:35 PM CHRISTOPHER A. PRINE Clerk SEED TO HARVEST REAL ESTATE, LLC, Appellants v.

CAROLYN TURNER, Appellee

On Appeal from the 44th District Court, Dallas County, Texas Cause No. DC-22-05065

OBJECTION TO APPELLEE’S MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION

Respectfully submitted Gaylene Rogers Lonergan SBN: 17166500 LONERGAN LAW FIRM, PLLC 12801 N. Central Expressway, Suite 150 Dallas, TX 75243 214 503-7509 214 503-8752 Facsimile grogers@lonerganlaw.com Attorney for Seed to Harvest Real Estate, LLC

OBJECTION TO MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION 1 COMES NOW, Appellant, Seed to Harvest R/E, LLC, Plaintiff in the above-referenced

case and files this objection to Appellee, Carolyn Turner’s Motion to Dismiss Appeal for Lack

of Jurisdiction and that Texas Rules of Appellate Procedure (“TRAP”) :provides for Appellant’s

proper appeal being filed on March 6, 2025, as done by Appellant. In support thereof will

respectfully show unto the court the following:

PROCEDURAL HISTORY

1. On November 20, 2024, the Honorable Judge of the trial court signed the Final

Judgment in this matter.

2. On December 18, 2024, the Plaintiff/Appellant timely filed a Motion for New Trial.

3. The Honorable Judge of the trial court did not rule on Plaintiff/Appellant’s Motion

for New Trial and accordingly it was overruled by operation of law on February 3,

2025.

4. Pursuant to TRAP 26.1(a), Appellant had thirty (30) days following the date the

Motion for New Trial was overruled by operation of law, which was March 6, 2025.

5. Appellant filed its appeal within the rules of TRAP 26.1(a) on March 6, 2025

6. This court therefore is not deprived of jurisdiction over this matter.

ARGUMENT AND AUTHORITES

1. Plaintiff/Appellant’s March 6, 2025 filing of the Notice of Appeal was time made

within the parameters prescribed by TRAP 26.1.

OBJECTION TO MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION 2 2. Since the appeal was filed by Plaintiff/Appellant within the thirty (30) days as

required the appellate court has jurisdiction over this matter.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully objects to

Appellee’s Motion to Dismiss and requests that this Court deny its Motion. Appellant also

prays for any further relief to which it may be entitled.

LONERGAN LAW FIRM, PLLC 12801 N. Central Expressway, Suite 150 Dallas, TX 75243 214 503-7509 214 503-8752 Facsimile grogers@lonerganlaw.com

OBJECTION TO MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION 3 CERTIFICATE OF SERVICE

This is to certify that on May 9, 2025, a true and correct copy of this document was served on Appellee’s counsel pursuant to the Tex. R. App. P. 9.5.

Via ESERVE Norcross Law 9288 Wichita Trail Frisco, TX 75033 Chad.norcross@norcrosslaw.com

LONERGAN LAW FIRM, PLLC 12801 N. Central Expressway, Suite 150 Dallas, TX 75243 214 503-7509 214 503-8752 Facsimile grogers@lonerganlaw.com

OBJECTION TO MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Gaylene Lonergan on behalf of Gaylene Lonergan Bar No. 17166500 grogers@lonerganlaw.com Envelope ID: 100671902 Filing Code Description: Response Filing Description: Objection to Motion to Dismiss Status as of 5/9/2025 4:38 PM CST

Associated Case Party: Carolyn Turner

Name BarNumber Email TimestampSubmitted Status

Chad A.Norcross chad.norcross@norcrosslaw.com 5/9/2025 4:29:35 PM SENT

Jessica E.Mayfield jessica.mayfield@norcrosslaw.com 5/9/2025 4:29:35 PM SENT

Alicia Fernandez alicia.fernandez@norcrosslaw.com 5/9/2025 4:29:35 PM SENT

Associated Case Party: Seed to Harvest Real Estate, LLC

Gaylene RogersLonergan grogers@lonerganlaw.com 5/9/2025 4:29:35 PM SENT

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CAROLYN TURNER, Appellee

On Appeal from the 44th District Court, Dallas County, Texas Cause No. DC-22-05065

OBJECTION TO APPELLEE’S MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION

OBJECTION TO MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION 1 COMES NOW, Appellant, Seed to Harvest R/E, LLC, Plaintiff in the above-referenced

case and files this objection to Appellee, Carolyn Turner’s Motion to Dismiss Appeal for Lack

of Jurisdiction and that Texas Rules of Appellate Procedure (“TRAP”) :provides for Appellant’s

proper appeal being filed on March 6, 2025, as done by Appellant. In support thereof will

respectfully show unto the court the following:

PROCEDURAL HISTORY

1. On November 20, 2024, the Honorable Judge of the trial court signed the Final

Judgment in this matter.

2. On December 18, 2024, the Plaintiff/Appellant timely filed a Motion for New Trial.

3. The Honorable Judge of the trial court did not rule on Plaintiff/Appellant’s Motion

for New Trial and accordingly it was overruled by operation of law on February 3,

2025.

4. Pursuant to TRAP 26.1(a), Appellant had thirty (30) days following the date the

Motion for New Trial was overruled by operation of law, which was March 6, 2025.

5. Appellant filed its appeal within the rules of TRAP 26.1(a) on March 6, 2025

6. This court therefore is not deprived of jurisdiction over this matter.

ARGUMENT AND AUTHORITES

1. Plaintiff/Appellant’s March 6, 2025 filing of the Notice of Appeal was time made

within the parameters prescribed by TRAP 26.1.

OBJECTION TO MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION 2 2. Since the appeal was filed by Plaintiff/Appellant within the thirty (30) days as

required the appellate court has jurisdiction over this matter.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully objects to

Appellee’s Motion to Dismiss and requests that this Court deny its Motion. Appellant also

prays for any further relief to which it may be entitled.

LONERGAN LAW FIRM, PLLC 12801 N. Central Expressway, Suite 150 Dallas, TX 75243 214 503-7509 214 503-8752 Facsimile grogers@lonerganlaw.com

OBJECTION TO MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION 3 CERTIFICATE OF SERVICE

This is to certify that on May 9, 2025, a true and correct copy of this document was served on Appellee’s counsel pursuant to the Tex. R. App. P. 9.5.

Via ESERVE Norcross Law 9288 Wichita Trail Frisco, TX 75033 Chad.norcross@norcrosslaw.com

LONERGAN LAW FIRM, PLLC 12801 N. Central Expressway, Suite 150 Dallas, TX 75243 214 503-7509 214 503-8752 Facsimile grogers@lonerganlaw.com

Associated Case Party: Carolyn Turner

Name BarNumber Email TimestampSubmitted Status

Chad A.Norcross chad.norcross@norcrosslaw.com 5/9/2025 4:29:35 PM SENT

Jessica E.Mayfield jessica.mayfield@norcrosslaw.com 5/9/2025 4:29:35 PM SENT

Alicia Fernandez alicia.fernandez@norcrosslaw.com 5/9/2025 4:29:35 PM SENT

Associated Case Party: Seed to Harvest Real Estate, LLC

Gaylene RogersLonergan grogers@lonerganlaw.com 5/9/2025 4:29:35 PM SENT

Seed to Harvest Real Estate, LLC v. Carolyn Turner, (Tex. Ct. App. 2025).

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