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 345TH 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

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 10/13/2015 3:35:27 PM DEBBIE AUTREY Clerk
APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTION PAGE 2 

I.

 

1. Appellant John W. Bowers (“Appellant”) on September 14, 2015 filed 

his Notice of Appeal in the Court of Appeals for the 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 345th 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 New Trial is attached hereto as 

Exhibit B. The Trial Court did not rule on the Motion for New Trial within 75 

days of the date the Judgment was signed, and it was accordingly overruled as a 

matter of law on July 13, 2015. TEX. R. CIV. P. 329b(c). 

4. The Trial Court later entered an order expressly denying the Motion 

for New Trial on August 12, 2015. A true and correct 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 Appeal was July 28, 

2015, ninety days after the Judgment was signed by the Trial Court. TEX. R. APP.

P. 26.1(a). Appellant did not file his Notice of Appeal until September 14, 2015. 
APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTION PAGE 3 

6. Appellee therefore requests the Court dismiss this appeal for want of 

jurisdiction. See TEX. R. APP. P. 26.1(a). 

II. 

WHEREFORE, PREMISES CONSIDERED, Appellee respectfully requests 

the Court dismiss Appellant’s appeal for want of jurisdiction and provide Appellee 

with all other and further relief to which it may be 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 October, 2015, a true and 

correct copy of the foregoing document was delivered to the following counsel of 

record in the manner described: 

Via Regular Mail and CMRRR: 

Robert S. Koelsch 

PO BOX 4790 

Lago Vista, TX 78645-0008 
APPELLEE’S MOTION TO DISMISS FOR WANT OF JURISDICTION PAGE 4 

 /s/ Mark D. Cronenwett 

MARK D. CRONENWETT