### NO. 12-15-00113-CV

_____________________________________________________________

IN THE TWELFTH COURT OF APPEALS

TYLER, TEXAS

_____________________________________________________________ JASON ROWELL

Appellant

v. FIRETROL PROTECTION SYSTEMS, INC. Appellee

_____________________________________________________________

Appealed from the 114 th 

### Judicial District Court

Smith County, Texas

_____________________________________________________________ RESPONSE OF APPELLEE, FIRETROL PROTECTION SYSTEMS, INC., TO APPELLANT’S MOTION FOR RECONSIDERATION OF INVOLUNTARY DISMISSAL

_____________________________________________________________________________ To the Honorable Justices of the Twelfth Court of Appeals: Appellee, Firetrol Protection Systems, Inc., files this its Response to Appellant’s Motion for Reconsideration of Involuntary Dismissal and for such Response would respectfully show the Court as follows: 1. Appellant complains that this Court’s Opinion states that the trial court’s Judgment was signed on April 16, 2015 when in fact the Final Judgment was not signed until nearly a month later on May 12, 2015. Any confusion with regard to what Order and/or Judgment is being
1 ACCEPTED 12-15-00113-CV TWELFTH COURT OF APPEALS

TYLER, TEXAS 6/12/2015 3:03:56 PM CATHY LUSK CLERKappealed by Appellant is entirely

of his own making

. 2. Prior to any

F inal J udg ment in the trial court, Appellant filed his Notice of Appeal on April 29, 2015. Approx imately one hour later, Appellant filed a Motion for New Trial with the trial court. Appellant’s orig inal Docketing Statement which he attempted to file with this Court represented to this Court that Appellant was appealing from an Order of Dismissal sig ned on April 16, 2015. 3. According ly , Appellant had a Notice of Appeal and Motion for New Trial filed prior to
any F inal J udg ment in the lower court. The lower court did ultimately sig n a F inal J udg ment on May 12, 2015. 4. Appellant is now seekingto prosecute an appeal and asks this Court to reconsider its involuntary

dismissal of such appeal. At the same time, Appellant has a Motion for New Trial pending in the lower court which is set to be heard on J une 18, 2015.
5. W ith reg a

rd to Appellant’s failure to comply with this Court’s requirements for prosecution of this appeal, Appellee obviously has no personal knowledg e with reg ard to Appellant’s claims that his attorney received the notice on his cell phone while he was not in the office, failed to calendar or forg et deadlines or claims that notices were received while on walks with counsel’s daug hter. However, the record is quite clear that Appellant’s attempt to prosecute a Motion for New Trial in the lower court and an appeal in this Court contemporaneously is consistent with Appellant’s ong oing harassment of his former employ er, F iretrol. Appellant is simply a disg runtled former employ ee whose suit was properly dismissed in the lower court pursuant to Chapter 27, Tex a s Civil Practice, and Remedies and whose appeal has been properly dismissed by

this Court. Appellant has failed to comply with this Court’s ex press requirements.

2Therefore, dismissal was proper.

W H EREF ORE, PREMI SES CONSI DERED, Appellee, F iretrol Protection Sy stems, I nc., pray s that Appellant’s Motion for Reconsideration be denied, that this Court’s dismissal of this appeal be sustained and for such other and further relief to which Appellee, F iretrol Protection Sy stems, I nc., shows itself justly entitled. Respectfully submitted, GI L L EN & ANDERSON Attorney s and Counselors at L a w 613 Shelley

Park Plaz a Ty ler, Tex as 75701 (903) 581-8600 (903) 581-8790 (fax )

B Y: /s/ Roger W

. Anderson ROGER W . ANDERSON State B a

r No. 01213500 E-mail: randerson@g illenanderson.com ATTORNEY F O R APPEL L EE, F I RETROL PROTECTI ON SYSTEMS, I NC.

CERTIF ICATE OF SERVICE
Ihereby certify that a true and correct copy of the Appellee’s Response to Appellant’s Motion for Reconsideration was forwarded electronically to all counsel of record on this 12th day of J u ne, 2015. /s/ Roger W . Anderson ROGER W . ANDERSON

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