No.: 12-15-00113-CV

In The

Court of Appeals

TWELFTH DISTRICT OF TEXAS

Tyler, Texas

__________________________________________________________________

JASON ROWELL

Appellant,

v.

FIRETROL PROTECTION SYSTEMS

Appellee.

__________________________________________________________________

Appealed from 114th Judicial District Court of

Dallas County, Texas, the Honorable Christi Kennedy, Presiding

__________________________________________________________________

REPLY TO FIRETROL’S RESPONSE TO MOTION TO RECONSDIER 

INVOLUNTARY DISMISSAL

__________________________________________________________________

 Niles Illich

SBOT: 24069969

 Law Office of Niles Illich, Ph.D., J.D.

 701 Commerce Street, Suite 400

 Dallas, Texas 75202

 Telephone: (972) 802 − 1788

 Facsimile: (972) 682 – 7586

Email: Niles@appealstx.com 

 ATTORNEY FOR APPELLANT

 JASON ROWELL

ACCEPTED

12-15-00113-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

6/15/2015 12:00:00 AM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 6/14/2015 8:01:45 PM CATHY S. LUSK Clerk
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__________________________________________________________________

Argument for Reconsideration/Reinstatement

__________________________________________________________________

This appeal has been untidy. However, the confusion that caused this appeal

to be dismissed was a simple calendaring error that occurred only because counsel

read the message on his cellular telephone while he was outside of his office.

Further, the untidy aspects of the appeal have been resolved. Should this Court

reinstate the appeal, then the case can proceed to briefing expeditiously.

Counsel for Jason Rowell again suggests that the proper remedy is a

sanction on counsel rather than an involuntary dismissal of this appeal.

Respectfully submitted,

/s/ Niles Illich

Niles Illich

The Law Office of Niles Illich, Ph.D., J.D.

701 Commerce

Suite 400

Dallas, Texas 75202

Direct: (972) 802-1788

Facsimile: (972) 236-0088

Email: Niles@appealstx.com
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CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Motion was 

served on: 

Roger W. Anderson

Gillen and Anderson

613 Shelley Park Plz. 

Tyler, Texas 75701

By electronic service on June 14, 2015. 

/s/ Niles Illich

Niles Illich

CERTIFICATE OF COMPLIANCE

This is to certify that this motion complies with the length and style 

requirements in Rule 9.4 of the Texas Rules of Appellate Procedure. The motion 

is presented in Times New Roman font, size 14. The motion contains 303 words. 

/s/ Niles Illich

Niles Illich
THE LAW OFFICE OF NILES ILLICH, PH.D., J.D.

701 Commerce, Suite 400 

Dallas, Texas 75202 

Direct: (972) 802−1788

Email: Niles@appealstx.com

May 14, 2015 

District Clerk

114th District Court

Smith County District Court

100 N. Broadway 

Room 204 

Tyler, Texas 75702 

Re: Jason Rowell v. Firetrol Protection Systems, Inc.; Cause No. 15-0581-B 

Dear Ms. Rhymes:

Please prepare the clerk’s record as required under Rule 34.5 of the Texas Rules of 

Appellate Procedure. I am designating every document that is in this record to be part of the 

clerk’s record on appeal. Specifically, please include the following documents: 

Filing Date: Description of Document: 

03/17/2015 Original Petition (OCA)

03/17/2015 Civil Case Information Sheet 

03/17/2015 Citation

03/25/2015 Citation Returned Served 

03/31/2015 Original Answer

03/31/2015 Motion to Dismiss

04/06/2015 Letter

04/06/2015 Letter

04/06/2015 Motion for Sanctions 

04/06/2015 Order Setting Hearing

04/07/2015 RESPONSE

04/08/2015 Order Setting Hearing

04/10/2015 Other

04/13/2015 Other (9:00 AM) (Judicial Officer Kennedy, Christi) 

04/13/2015 Other (9:00 AM) (Judicial Officer Kennedy, Christi) 

04/15/2015 Order of Dismissal

04/15/2015 Docket Sheet

04/16/2015 Other

04/17/2015 Motion for Judgment 

04/20/2015 Notice of Submission 

04/23/2015 Notice of Submission 

Electronically Filed

5/13/2015 2:06:32 PM

Lois Rogers, Smith County District Clerk

Reviewed By: Lana Fields
04/29/2015 Notice of Appearance

04/29/2015 Notice of Appeal

04/29/2015 Motion for New Trial

04/30/2015 Certificate

04/30/2015 Designation of Clerk's Record

05/12/2015 Appeal Filed

05/13/2015 Final Judgment

05/13/2015 Order Setting Hearing

05/13/2015 Letter

05/13/2015 Other

Date unknown Request for production of reporter’s record and request for 

production of clerk’s record, request for findings of fact and 

conclusions of law, any subsequent request for findings of fact and 

conclusions of law, and any findings of fact and conclusions of law 

entered by this Court. Any orders.

My client is responsible for any costs associated with producing this record. Please inform 

me of those costs and I will remit them to you promptly. At your request I am not including a 

deposit with this designation. Please let me know what this will cost and I will remit payment 

promptly.

Please file a copy of this in your record. I appreciate your assistance and I look forward 

to working with you.

Sincerely,

/s/ Niles Illich

Niles Illich, Ph.D., J.D.

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing Request for Preparation of Clerk’s 

Record was served on this the 14th day of May, 2015, on all parties/attorneys of record listed 

below by:

Electronic Service

Roger Anderson

Gillen & Anderson

613 Shelley Park Plaza

Tyler, Texas 75701

/s/ Niles Illich

Niles Illich