NO. 14-15-00291-CV

In The 

Fourteenth Court of Appeals

Houston, Texas

Eric E. Perez and Edmundo Perez,

Appellants,

v.

Le Prive Enterprises, LLC d/b/a Mekano Live & Grill, and Manuel Arellano,

Appellees.

On Appeal from the 127th Judicial District Court 

of Harris County, Texas

Trial Court Cause No. 2013-74140

APPELLEESʼ MOTION TO DISMISS 

APPEAL FOR WANT OF JURISDICTION

Daniel W. Jackson, SBN 00796817

Scott K. Vastine, SBN 24056469

Jennifer H. Frank, SBN 24087537

The Jackson Law Firm

3900 Essex Lane, Suite 1116

Houston, Texas 77027

(713) 522-4435

(713) 527-8850 – fax 

Counsel for Appellees

ACCEPTED

14-15-00291-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

4/8/2015 1:20:02 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 4/8/2015 1:20:02 PM CHRISTOPHER A. PRINE Clerk
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TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

Appellees Le Prive Enterprises, LLC, d/b/a Mekano Live & Grill and 

Manuel Arellano respectfully request that appellants Eric E. Perez and 

Edmundo Perezʼs motion to extend time be denied and their appeal be 

dismissed for want of jurisdiction. Tex. R. App. P. 10.5(b)(1)(C), 

42.3(a), (c).

On December 18, 2014, the trial court entered final judgment. On 

January 19, 2015, appellants filed a motion for reconsideration and motion 

for new trial, which were set for an oral hearing on March 27, 2015, but 

were overruled by operation of law on March 3, 2015. Appellantsʼ deadline 

to perfect an appeal was March 18, 2015. 

Appellants filed their notice of appeal on April 1, 2015. Appellants 

also filed a motion for extension of time on the same day, but failed to 

provide a single fact explaining their need for an extension as required by

Rule 10.5(b)(1)(C) of the Texas Rules of Appellate Procedure. Because 

appellantsʼ motion to extend time does not comply with Rule 10(b)(1)(C), it 

should be denied and this appeal should be dismissed. Tex. R. App. P. 

42.3(c).
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A reasonable explanation is one demonstrating that failure to comply

with the deadline to perfect appeal was not deliberate or intentional but, 

rather, the result of inadvertence, mistake, or mischance. Garcia v. Kaster 

Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989). 

For example, when an appellant filed a motion to extend time 

containing no explanation to justify late filing of the notice of appeal, this 

Court denied the motion to extend time for lack of good cause and 

dismissed the appeal for want of jurisdiction. Mukwange v. Metro Transit 

Auth., No. 14-00-01068-CV, 2000 WL 1356527, at *1 (Tex. App.—Houston 

[14th Dist.] 2000, no pet.). 

Because appellantsʼ motion to extend time failed to provide any 

explanation to justify late filing, as did the motion to extend time in 

Mukwange, the Court should deny appellantsʼ motion to extend for failure to 

comply with Rule 10.5(b)(1)(C) of the Texas Rules of Appellate Procedure 

and dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a), (c).

WHEREFORE, appellees Le Prive Enterprises, LLC, d/b/a Mekano 

Live & Grill and Manuel Arellano respectfully request that appellants Eric E. 

Perez and Edmundo Perezʼs appeal be dismissed.
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Respectfully submitted:

/s/ Daniel W. Jackson

Daniel W. Jackson, SBN 00796817

Scott K. Vastine, SBN 24056469

Jennifer H. Frank, SBN 24087537

3900 Essex Lane, Suite 1116

Houston, Texas 77027

(713) 522-4435

(713) 527-8850 – fax

daniel@jacksonlaw-tx.com

scott@jacksonlaw-tx.com

jennifer@jacksonlaw-tx.com

Counsel for Appellees

CERTIFICATE OF CONFERENCE

I certify that I attempted to confer with appellantsʼ counsel by written 

correspondence and voicemail, but have not heard from appellantsʼ

counsel concerning this motion. Therefore, I presume appellants are 

opposed to the relief sought in this motion.

/s/ Jennifer H. Frank

Jennifer H. Frank
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CERTIFICATE OF SERVICE

I certify that a copy of the foregoing document was served on all 

counsel of record, via ProDocs, on April 8, 2015:

James Nathan Overstreet

J. Nathan Overstreet & Assoc., P.C.

8711 Highway 6 North, Suite 230

Houston, Texas 77095

Via email: overstreetlawfirm@gmail.com

/s/ Daniel W. Jackson

Daniel W. Jackson