2015 #521 Page #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: 250 th Judicial District

Court Travis County Texas; Trial Court Case #D-1-GN-12-002006:

Honorable Karin Crump, Presiding; NOT Stephen Yelenosky

__________________________________________________________________

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

1 ACCEPTED

06-15-00080-cv

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

11/2/2015 12:00:00 AM

DEBBIE AUTREY

CLERK2015 #521 Page

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

22015 #521 Page

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

32015 #521 Page 

# EXHIBIT A

42015 #521 Page 52015 #521 Page 62015 #521 Page #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: 250 th Judicial District

Court Travis County Texas; Trial Court Case #D-1-GN-12-002006:

Honorable Karin Crump, Presiding; NOT Stephen Yelenosky

__________________________________________________________________

O R D E R

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

_________________________ JUSTIC PRESIDING

7