williamsburg-care-co-lp-dba-princeton-place-rehabilitation-and ( 2015 )


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  •                              Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-13-00823-CV
    WILLIAMSBURG CARE CO., LP d/b/a Princeton Place Rehabilitation and Healthcare,
    Appellant
    v.
    Jesus Acosta, Individually and as Representative of the Estate of Maria Acosta, Deceased; et
    Jesus ACOSTA, Individually and as Representative of the Estate of Maria Acosta, Deceased; et
    al.,
    Appellees
    From the 73rd Judicial District Court, Bexar County, Texas
    Trial Court No. 2012-CI-16420
    Honorable John D. Gabriel, Jr., Judge Presiding
    PER CURIAM
    Sitting:         Sandee Bryan Marion, Chief Justice
    Karen Angelini, Justice
    Marialyn Barnard, Justice
    Delivered and Filed: July 15, 2015
    MOTION TO DISMISS GRANTED; APPEAL DISMISSED
    On November 25, 2013, this court granted appellant’s motion to stay the underlying
    proceedings at the trial court level in trial cause number 2012-CI-16420. On March 4, 2014, this
    court granted appellant’s motion to abate this appeal because one of the issues presented in the
    appeal was the same issue pending in petitions for review filed in Williamsburg Care Co. L.P. v.
    Acosta, 
    406 S.W.3d 711
    (Tex. App.—San Antonio 2013, pet. filed), Fredericksburg Care Co. L.P.
    v. Lira, 
    407 S.W.3d 810
    (Tex. App.—San Antonio 2013, pet. filed), and Fredericksburg Care Co.
    L.P. v. Perez, 
    406 S.W.3d 313
    (Tex. App.—San Antonio 2013, pet. filed). Our order stated that,
    04-13-00823-CV
    for administrative purposes, this appeal would be treated as a closed case, unless and until appellant
    filed a motion requesting its reinstatement following the Texas Supreme Court’s resolution of the
    issue. On March 6, 2015, the Texas Supreme Court decided the issues raised in Acosta, Lira, and
    Perez. On July 1, 2015, the parties filed an “Agreed, Joint Motion to Reinstate, to Lift Stay, and
    to Dismiss Appeal.”
    The motion is GRANTED, this court’s stay of proceedings in trial cause number 2012-CI-
    16420 is lifted, this appeal is reinstated on the docket of this court, and this appeal is dismissed.
    PER CURIAM
    -2-
    

Document Info

Docket Number: 04-13-00823-CV

Filed Date: 7/15/2015

Precedential Status: Precedential

Modified Date: 2/1/2016