APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTION PAGE 1 NO. 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 345 TH Judicial District Court

Travis County, Texas Trial Court Case No. D-1-GN-12-002006 Hon. Stephen Yelenosky, Presiding
APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTION

TO THE HONORABLE COURT OF APPEALS: COMES NOW, Appellee Bank of America, NA, as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (“Appellee”), and files this its Motion to Dismiss for Want of Jurisdiction , and respectfully shows as follows: ACCEPTED 06-15-00080-cv SIXTH COURT OF APPEALS TEXARKANA, TEXAS 10/13/2015 3:35:27 PM DEBBIE AUTREY

CLERKAPPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTI ON PAGE 2 I. 1. Appellant John W. Bowers (“Appellant”) on September 14, 2015 filed his Notice of Appeal in the Court of Appeals for th e Third Judicial District, Austin,
Texas. See Docket, September 14, 2015. The appeal was transferred to this Court on September 30, 2015. See Docket, September 30, 2015. The appeal is untimely and must be dismissed for want of jurisdiction.
2. Final Judgment was entered on April 29, 2015 in the 345 th Judicial District Court of Travis County, Texas (the “Trial Court”). A true and correct copy of the Judgment is attached hereto as Exhibit A.
3. Appellant filed a Motion for New Trial in the Trial Court on May 29, 2015. A true and correct copy of the Motion for Ne w Trial is attached hereto as Exhibit B. The Trial Court did not rule on the Mot ion for New Trial within 75 days of the date the Judgment was signed, and it wa s accordingly overruled as a matter of law on July 13, 2015. T EX
. R. C IV
. P. 329b(c).
4. The Trial Court later entered an order expressly de nying the Motion for New Trial on August 12, 2015. A true and corre ct copy of the Order on Plaintiff’s Motion for New Trial is attached hereto as Exhibit C. 5. The deadline for Appellant to file his Notice of Ap peal was July 28, 2015, ninety days after the Judgment was signed by the Trial Court. T EX
. R. A PP
. P. 26.1(a). Appellant did not file his Notice of A ppeal until September 14, 2015.APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTI ON PAGE 3

6. Appellee therefore requests the Court dismiss this appeal for want of jurisdiction. See T EX
. R. A PP
. P. 26.1(a).
II. WHEREFORE, PREMISES CONSIDERED, Appellee respectful ly requests the Court dismiss Appellant’s appeal for want of ju risdiction and provide Appellee with all other and further relief to which it may b e entitled. Respectfully submitted, By: /s/ Mark D. Cronenwett MARK D. CRONENWETT Texas Bar No. 00787303 mcronenwett@mwzmlaw.com MACKIE WOLF ZIENTZ & MANN, PC 14160 N. Dallas Parkway, Suite 900 Dallas, Texas 75254 Telephone: (214) 635-2670 Facsimile: (214) 635-2686 (Fax) ATTORNEYS FOR APPELLEE BANK OF AMERICA, NA, AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP

CERTIFICATE OF SERVICE The undersigned certifies that on the 13th day of O ctober, 2015, a true and correct copy of the foregoing document was delivere d to the following counsel of record in the manner described: Via Regular Mail and CMRRR : Robert S. Koelsch PO BOX 4790 Lago Vista, TX 78645-0008APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTI ON PAGE 4 /s/ Mark D. Cronenwett MARK D. CRONENWETT