CASE NO. 01-15-_________________-CV

VELJACO CORP., INC., et al., § IN THE FIRST

 § 

Appellants, § 

 § 

v. § COURT OF APPEALS

 § 

CLEAR CREEK INDEP. SCH. DIST., et al., § 

 § 

Appellees. § HOUSTON, TEXAS

APPELLANTS’ MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: 

Appellant asks the Court to extend the time to file the notice of appeal.

INTRODUCTION

 1. Appellants are Veljaco Corp., Inc., d/b/a El upper Meat market & Tacqueria and 

Carmen Gloria Veljanovich, individually; appellees are Clear Creek Independent School District, 

Harris County, and the City of Webster. 

 2. This motion is filed with the 15-day period to file a motion to extend the time to 

file a notice of appeal, as required by Texas Rule of Appellate Procedure 26.3. 

 3. The 165th Judicial District Court of Harris County, Texas, signed the final 

judgment in the underlying case, Clear Creek Ind. Sch. Dist., et al. v. GNM Enters., Inc. d/b/a El 

Super, et al., cause number 2013-04925, on March 2, 2015, in favor of appellees and against 

appellants. 

ARGUMENT & AUTHORITIES

 4. The Court has the authority under Rule 26.3 to grant an extension of time to file the 

notice of appeal. 

 5. The deadline to file the notice of appeal was April 2, 2015. 

ACCEPTED

01-15-00346-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/17/2015 10:36:30 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/17/2015 10:36:30 PM CHRISTOPHER A. PRINE Clerk
6. Appellants filed the notice of appeal in the trial court on April 16, 2015, within 15 

days after the deadline. See TEX. R. APP. 26.3; Velasquez v. Teltschik, 932 S.W.2d 666, 667 (Tex. 

App.—Houston [14th Dist.] 1996, writ denied).

7. Appellants request an additional 15 days to file the notice, extending the time until 

April 17, 2015. See TEX. R. APP. P. 26.3(b); Brown Mech Servs. v. Mountbatten Sur. Co., 377 

S.W.3d 40, 42 (Tex. App.—Houston [1st Dist.] 2012, no pet.).

8. Appellants seek additional time to file the notice of appeal because they had timely 

filed a request for a de novo hearing of the associate judge’s report and recommendation and was 

waiting to file the notice until after having an evidentiary hearing on the request before the trial 

court. However, due to the refusal of the trial court to permit an evidentiary hearing on the request, 

appellants were forced to late file the notice of appeal.

9. No extension has been granted to extend the time to file the notice of appeal.

10. Attached to this motion as Exhibit A is the appellants’ notice of appeal, datestamped by the trial court. See TEX. R. APP. P. 26.3(b); Ace Ins. v. Zurich Am. Ins., 59 S.W.3d 

424, 426 n.1 (Tex. App.—Houston [1st Dist.] 2001, pet. denied).

CONCLUSION

11. Appellant requests and additional 15 days to file the notice, extending the time until 

April 17, 2015. Appellants seek additional time to file the notice of appeal because they had timely 

filed a request for a de novo hearing of the associate judge’s report and recommendation and was 

waiting to file the notice until after having an evidentiary hearing on the request before the trial 

court. However, due to the refusal of the trial court to permit an evidentiary hearing on the request,

appellants were forced to late file the notice of appeal. No extension has been granted to extend 

the time to file the notice of appeal.
PRAYER

12. For these reasons, appellants ask the Court to grant an extension of time to file the 

notice of appeal to April 17, 2015.

Respectfully submitted,

By: ______________________________________

MARK ARONOWITZ

Attorney for Appellants

State Bar No.: 00793281

P.O. Box 1201

Texas City, TX 77592-1201

Tel: (281) 402-6780

Fax: (281) 715-4284

Email: markaronowitz@hotmail.com

CERTIFICATE OF SERVICE

I certify that I served a copy of the Appellant’s Motion to Extend Time to File Notice of 

Appeal by a method permitted by Rule 21a of the Texas Rules of Civil Procedure on April 17, 

2015.

_______________________________________

MARK ARONOWITZ

 Mark Aronowitz Mark Aronowitz
EXHIBIT A
CAUSE NO. 2013-04,925 

CLEAR CREEK INDEP. SCH. DIST., et al., § IN THE DISTRICT COURT

Plaintiffs, § 

 § 

v. § OF HARRIS COUNTY, TEXAS

§ 

GNM ENTERS. D/B/A EL SUPER, et al., § 

§ 

Defendants. § 165th JUDICIAL DISTRICT

VELJANOVICH DEFENDANTS’ NOTICE OF APPEAL

TO THE HON. ELIZABETH RAY, PRESIDING JUDGE OF SAID COURT:

This Notice of Appeal is filed by Veljaco Corp., Inc., d/b/a El Super Meat Market & 

Taqueria and Carmen Gloria Veljanovich, collectively the “Veljanovich Defendants,” parties to 

this proceeding who seek to appeal the trial court’s judgment. 

 1. The trial court, cause number, and style of this case are as shown in the caption 

above. 

 2. The judgment or order appealed from was signed on March 2, 2015. 

 3. The Veljanovich Defendants desire to appeal from all portions of the judgment. 

 4. This appeal is being taken to either the First or Fourteenth Court of Appeals. 

 5. This notice is filed by the Veljanovich Defendants. 

 Respectfully submitted,

 By: ________________________________ 

 MARK ARONOWITZ

 Attorney for Veljanovich Defendants

 State Bar No.: 00793281 

 P.O. Box 1201 

 Texas City, Texas 77592-1201 

 Tel: (281) 402-6780 

 Fax: (281) 715-4284 

 Email: markaronowitz@hotmail.com

 Mark Aronowitz

4/16/2015 9:44:19 PM

Chris Daniel - District Clerk Harris County

Envelope No. 4925786

By: Phyllis Washington

Filed: 4/16/2015 9:44:19 PM
CERTIFICATE OF SERVICE

I certify that I sent a copy of the Veljanovich Defendants’ Notice of Appeal to all parties 

of record through their attorney of record by a method permitted by Rule 21a of the Texas Rules 

of Civil Procedure on April 16, 2015.

_______________________________________

MARK ARONOWITZ

2

 Mark Aronowitz