Audifas Perez Flores v. Jose Adan Gomez and Jose Abraham Gomez

ACCEPTED
15-25-00170-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
11/18/2025 10:52 AM
COURT OF APPEALS CAUSE NUMBER 15-25-00170-CV
CHRISTOPHER A. PRINE
TRIAL COURT CAUSE NUMBER D-1-GN-25-001493 CLERK
FILED IN
15th COURT OF APPEALS
AUSTIN, TEXAS
AUDIFAS PEREZ-FLORES § IN THE COURT OF10:52:56 AM
11/18/2025
APPEALS CHRISTOPHER A. PRINE
Appellant, § Clerk
§
v. §
§ FIFTEENTH COURT
JOSE ADAN GOMEZ & §
JOSE ABRAHAM GOMEZ §
Appellees. § IN THE STATE OF TEXAS

MOTION TO DISMISS

COMES NOW, Jose Adan Gomez and Jose Abraham Gomez (“Appellees”),
and file this Motion to Dismiss pursuant to the Texas Rules of Appellate Procedure
26 & 42, and respectfully shows the Court as follows:
I. INTRODUCTION
This appeal should be dismissed because it was untimely filed by Appellant.

II. BACKGROUND
1. On May 29th, 2025, Appellees Jose Adan Gomez and Jose Abraham Gomez
filed a Motion for Determination and Award of Attorney Fees. (See Exhibit
A)
2. On August 15th, 2025, the 201st Judicial District in Travis County, Ordered,
Adjudicated, and Decreed for the motion to be Granted and granted
Appellees Jose Adan Gomez and Jose Abraham Gomez, to recover attorney
fees in the amount of $32,507.50 from the Appellant, Audifas Perez-Flores.
(See Exhibit B)
3. On September 24th, 2025, Appellant Audifas Perez-Flores filed a Notice of
Appeal, Appealing Order Granting Appellees’ Motion to Determination of
Attorney’s Fees dated on August 15th, 2025. (See Exhibit C)

III. GROUNDS FOR DISMISSAL
1. The Texas Rules of Appellate Procedure, Rule 26.1 states that the notice of
appeal must be filed within 30 days after the judgment is signed. See
Simmons v. Home Asset, Inc., 2025 Tex. App. LEXIS 1136, 2025 LX
289238, 2025 WL 597265.
2. The filing was due on or before September 14th, 2025. Appellant Audifas
Perez-Flores filed his Notice of Appeal on September 24th, 2025.
3. Appellant Audifas Perez-Flores, failed to comply with Rule 26.1 of the
Texas Rules of Appellate Procedure because he filed his Notice to Appeal
outside of the 30-day window prescribed by Rule 26.1. Therefore, under
Rule 42.3(c) of the Texas Rules of Appellate Procedure, this Motion to
Dismiss should be granted. See De La Garza v. Vela, 2025 Tex. App. LEXIS
1233, 2025 LX 203100, 2025 WL 635239.

IV. PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellees Jose Adan Gomez
and Jose Abram Gomez, respectfully request that this Court:
1. Grant this motion for the reasons stated above;
2. Grant all further relief to which Appellees Jose Adan Gomez and Jose
Abraham Gomez are justly entitled to.
RESPECTFULLY SUBMITTED,

THE KELLY LEGAL GROUP, PLLC
P.O. BOX 2125
AUSTIN, TX 78768-2125
Phone: (512) 55-0053
Fax: (512) 505-0054
service@kellylegalgroup.com

By: /s/ Jeffrey Kelly__________
Jeffrey S. Kelly, TXBN 24043749
Chris Cummings, TXBN 24090058
Kelechi Ohanu, TXBN 24123955
Rachel L. Messer TXBN 24090261
Amy S. Friday TXBN 24037551
ATTORNEYS FOR APPELLEES

CERTIFICATE OF SERVICE
This certifies that a true and correct copy of this Motion to Dismiss was served
on all parties of record in accordance with the Texas Rules of Appellate Procedure
on the 18th day of November 2025.

____/s/ Jeffrey Kelly_
Jeffrey S. Kelly

VIA CMRRR & First Class Mail
Audifas Perez-Flores
4408 Rogers Avenue
Fort Worth, Texas 76133
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
have conferred, or made a reasonable attempt to confer, with all other parties—
which are listed below—about the merits of this motion with the following results:
Audifas Perez-Flores:
___ opposes motion
___ does not oppose motion
___ agrees with motion
___ would not say whether motion is opposed
X did not return my message regarding the motion
___

____/s/ Jeffrey Kelly_
Jeffrey S. Kelly

11/18/2025
__________________
Date
EXHIBIT A
5/29/2025 5:17 PM
Velva L. Price
District Clerk
Travis County
D-1-GN-25-001493
Candy Schmidt
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Jeff Kelly on behalf of Jeff Kelly
Bar No. 24043749
jkelly@kellylegalgroup.com
Envelope ID: 101408687
Filing Code Description: Motion (No Fee)
Filing Description: PLAINTIFFS' MOTION FOR DETERMINATION AND
AWARD OF ATTORNEY'S FEES
Status as of 5/30/2025 6:28 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

KLG ADMIN Kelly service@kellylegalgroup.com 5/29/2025 5:17:41 PM SENT

Albert 'Al' J. Heinrich office@albertheinrich.com 5/29/2025 5:17:41 PM SENT
EXHIBIT B
08/15/2025 04:47:32 PM
Velva L. Price
District Clerk
Travis County
D-1-GN-25-001493
CAUSE NO. D-1-GN-25-001493

JOSE ADAN GOMEZ AND § IN THE DISTRICT COURT
JOSE ABRAHAM GOMEZ, §
Plaintiffs, §
§
§
§
v. § 201ST JUDICIAL DISTRICT
§
§
§
AUDIFAS PEREZ FLORES, §
Defendant. §
§ TRAVIS COUNTY, TEXAS

ORDER GRANTING PLAINTIFF’S MOTION FOR DETERMINATION OF ATTORNEY’S
FEES

CAME ON TO BE CONSIDERED on this day, the Motion for Determination of

Attorney’s Fees, and after consideration of the Motion and the evidence on file, the Court is of the

opinion that the Motion should be granted in its entirety. It is therefore,

ORDERED, ADJUGED AND DECREED that the Motion is GRANTED; it is further

ORDERED, ADJUGED AND DECREED that Plaintiff shall have and recover its attorney’s fees

in the amount of $32,507.50 from Defendant AUDIFAS PEREZ FLORES.

Aug. 15
SO ORDERED on this _______ day of ___________, 2025

___________________________
PRESIDING JUDGE
The Honorable Laurie Eiserloh

________________________________
Order on Motion for Attorney’s Fees
Page 1 of 1
EXHIBIT C
FILE COPY

COURT OF APPEALS
THIRD DISTRICT OF TEXAS
P.O. BOX 12547, AUSTIN, TEXAS 78711-2547
www.txcourts.gov/3rdcoa.aspx
(512) 463-1733

DARLENE BYRNE, CHIEF JUSTICE JEFFREY D. KYLE, CLERK
GISELA D. TRIANA, JUSTICE
CHARI L. KELLY, JUSTICE
ROSA LOPEZ THEOFANIS, JUSTICE
KARIN CRUMP, JUSTICE
MAGGIE ELLIS, JUSTICE
September 25, 2025

Mr. Jeffrey S. Kelly Mr. Audifas Perez Flores
The Kelly Legal Group, PLLC 4408 Rogers Avenue
P. O. Box 2125 Fort Worth, TX 76133
Austin, TX 78768-2125
* DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 03-25-00734-CV
Trial Court Case Number: D-1-GN-25-001493

Style: Audifas Perez Flores
v. Jose Adan Gomez and Jose Abraham Gomez

Dear Mr. Flores and Counsel:

The Court has been advised that appellant has given notice of appeal. The cause in this
Court will bear the number and style shown above. Cases in the Third Court of Appeals are
governed by the Texas Rules of Appellate Procedure (Tex. R. App. P.) which may be accessed on
the Court’s website at http://www.txcourts.gov/rules-forms/rules-standards/. The Court provides all
notices, orders, or other communications about a case by email. All documents filed with this Court
must include the filer’s email address in addition to any other information required by the Texas
Rules of Appellate Procedure. It is the filer’s responsibility to update the Court with any changes to
their email address. In addition, at or before the time of a document’s filing, the filing party must
serve a copy of the document(s) on all parties to the proceeding. See Tex. R. App. P. 9.5.
Appellant is requested to forward the following items to this Court on or before Monday,
October 6, 2025:

 $205.00 Filing Fee – Unless an appellant is exempt by law or is presumed unable to
afford payment of court costs, the appellant must pay the required $205.00 filing fee to
prosecute the appeal. See Tex. R. Civ. P. 145; Tex. R. App. P. 20. 1. Failure to pay the
filing fee may result in dismissal of the cause in accordance with Tex. R. App. P. 5 and
42.3. If you are excused by statute or the appellate rules from paying costs, please notify
the Court. Payment should be submitted electronically through the eFileTexas.gov
electronic filing system.
o Persons not represented by an attorney may pay in person at the Clerk’s office or by
mailing a money order or check made payable to “The State of Texas.”
FILE COPY

 Docketing Statement – See Tex. R. App. P. 32. Until the clerk’s record is filed, the
docketing statement is the primary source of important information about an appeal,
including contact information for the parties and information about the order being
appealed. A copy of the docketing statement is available on the Court’s website at
http://www.txcourts.gov/3rdcoa/practice-before-the-court/forms/.

o Pro Bono Program - Please be advised that regardless of your request in the
Docketing Statement to participate in the Pro Bono Program, you are required to
comply with all Texas Rules of Appellate Procedure, including meeting filing
deadlines, whether or not a volunteer attorney is matched to your case.

o Fifteenth Court of Appeals - Appeals with particular subject matter and parties will
be transferred to the Fifteenth Court of Appeals on September 1, 2024. Section XV
of this Court’s docketing statement is designed to help parties assess whether their
appeal is within the exclusive jurisdiction of the Fifteenth Court of Appeals. See
Tex. Gov’t Code § 22.220(d). The Court requests that the parties confer and advise
the Court if you believe your appeal is subject to transfer to the Fifteenth Court of
Appeals.

 Challenge to Constitutionality of a State Statute - Pursuant to Section 402.010 (a-1)
of the Texas Government Code, any party challenging the constitutionality of a Texas
Statute must file a “Challenge to the Constitutionality of a State Statute” form with the
court in which the challenge is pending. This form can be accessed on the Court’s
website at http://www.txcourts.gov/3rdcoa/practice-before-the-court/forms/. Parties
who are not challenging the constitutionality of a state statute need not file this
form.
Unless an appellant is exempt by law or is presumed unable to afford payment of court
costs, the trial-court clerk and court reporter are not required to file the clerk’s and reporter’s
records until appellant has paid the required fees, or has made satisfactory arrangements to pay the
fees. See Tex. R. App. P. 35.3(a)(2), (b)(3). If appellant has not already done so, written requests
and arrangements for payment of the following records must be made on or before Monday,
October 6, 2025.

 Clerk’s Record - The Court may dismiss an appeal for want of prosecution if the clerk’s
record is not filed and it is appellant’s fault. See Tex. R. App. P. 37.3(b); 42.3.
Appellant should make arrangements for the clerk’s record with the trial-court clerk and
may file a written designation specifying additional items to be included in the clerk’s
record. See Tex. R. App. 34.5(b)(2).
 Reporter’s Record - If appellant decides to include a reporter’s record as part of the
appellate record, a request in writing to the court reporter must be made. See Tex. R.
App. P. 34.6(b). The request to the court reporter must designate the portions of the
proceedings to be included in the record including any exhibits. Appellant must also file
a copy of the request with the trial-court clerk. See Tex. R. App. P.34.6. If a reporter’s
record is not filed, the Court may decide the appeal on those issues or points that do not
require a reporter’s record for a decision. See Tex. R. App. P. 37.3(c).
FILE COPY

Appellant is required to file a brief no later than 30 days (20 days in an accelerated appeal)
after the filing of the Clerk’s Record or Reporter’s Record, whichever occurs later. See Tex. R. App.
P. 38.6(a). More information about the court’s practices are available on the Court’s website at
http://www.txcourts.gov/3rdcoa/practice-before-the-court/. Please note, Texas Rules of Appellate
Procedure 9.6 requires that parties and counsel communicate with the appellate court about a case
only through the clerk of the court.

Very truly yours,

JEFFREY D. KYLE, CLERK

BY: Courtland Crocker
Courtland Crocker, Deputy Clerk

cc: Ms. Della M. Duett

The Honorable Velva L. Price
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Jeff Kelly on behalf of Jeff Kelly
Bar No. 24043749
jkelly@kellylegalgroup.com
Envelope ID: 108168509
Filing Code Description: Motion
Filing Description: Motion to Dismiss
Status as of 11/18/2025 11:09 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jeff Kelly service@kellylegalgroup.com 11/18/2025 10:52:56 AM NOT SENT