Seed to Harvest Real Estate, LLC v. Carolyn Turner

Opinion

ACCEPTED 15-25-00048-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/11/2025 3:56 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 6/11/2025 3:56:34 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

MOTION TO REINSTATE APPEAL

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

OSJ::CTIm1 T) ,, IQ f 0'1 TO DI.:,~ IS, .

case and fi les this motion to reinstate its appeal, which was dismissed on May 27, 2025, due to

its notice of appeal being filed late by one day. In support of this Motion, Appellant respectfully

shows unto the cou1i the following:

1. The appeal was dismissed for want of jurisdiction after the notice of appeal was filed late

by one day past the deadline.

2. Appellant is respectfully asking this Court to reinstate the appeal on equitable grounds.

Appellant was represented by prior counsel, who had previously filed notices of appeal in

related matters and did not inform Appellant of any intention not to file this notice of

appeal. Appellant reasonably believed his prior counsel would file the notice of appeal or

at least notify him of the deadline and their intentions.

3. Appellant's prior counsel never filed a motion to withdraw, nor did he inform the

Appellant that he would not be handling the appeal. As a result, the Appellant reasonably

believed prior counsel remained responsible for filing or advising Appellant regarding

appellate deadlines.

4. Once Appellant realized that its prior counsel was not filing the appeal, Appellant sought

current counsel to assist with the filing.

5. Appellant discovered the dismissal of the appeal on May 27, 2025, the same day it

occurred, and has taken immediate steps to correct the issue, including preparing and

filing this motion.

OSJECTIQ,. TO 'IOT:Ji1Tu) ~" 3 µp~· - - .., I Ur IJ~l~OICT0~1 2 6. Appellant did not intentionally delay or disregard court deadlines. The late filing resulted

from prior counsel's inaction and lack of communication, not from conscious

indifference by Appellant.

7. In the interest of justice, Appellant asks the Court to exercise its discretion and reinstate

the appeal to allow the matter to be resolved on the merits.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests that the

Court reinstate its appeal in the interest of justice. 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

0--oJECTI A, TO ~.IOTIO I TO DI-., '.., A"P:"-L FUR _l DJTO, 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.

DeVante Rhodes on behalf of Gaylene Rogers Bar No. 17166500 d3455826-9ccf-4fa5-95a1-b18c5e5a52aa@us.efiling.clio.com Envelope ID: 101908071 Filing Code Description: Motion Filing Description: Motion to Reinstate Status as of 6/11/2025 4:01 PM CST

Associated Case Party: Carolyn Turner

Name BarNumber Email TimestampSubmitted Status

Chad A.Norcross chad.norcross@norcrosslaw.com 6/11/2025 3:56:34 PM SENT

Jessica E.Mayfield jessica.mayfield@norcrosslaw.com 6/11/2025 3:56:34 PM SENT

Alicia Fernandez alicia.fernandez@norcrosslaw.com 6/11/2025 3:56:34 PM SENT

Associated Case Party: Seed to Harvest Real Estate, LLC

Gaylene RogersLonergan grogers@lonerganlaw.com 6/11/2025 3:56:34 PM SENT