ARC Parklane, Inc. v. Arvel Seals, Jr. ( 2015 )

ACCEPTED
04-14-00472-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/11/2015 4:23:16 PM
KEITH HOTTLE
CLERK
NO. 04-14-00472-CV
FILED IN -
IN THE 4th COURT OF--APPEALS
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SAN ANTONIO, --- - TEXAS
FOURTH COURT OF APPEALS - - ---- EM ------
11/11/2015
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AT SAN ANTONIO, TEXAS KEITH---E. -- HOTTLE
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ARC PARKLANE, INC., D/B/A PARKLANE WEST HEALTHCARE
CENTER,
FILED IN
Appellant 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
v. 11/12/2015 4:23:16 PM
KEITH E. HOTTLE
Clerk
ARVEL SEALS, JR. AS REPRESENTATIVE OF THE ESTATE OF DORA
SYLVIA LEHRMAN, DECEASED,
Appellees
AGREED JOINT MOTION TO DISMISS INTERLOCUTORY APPEAL
The parties to this appeal, through their undersigned counsel of record, file
this Agreed Joint Motion to Dismiss Interlocutory Appeal and respectfully show
the following:
INTRODUCTION
The present interlocutory appeal was filed by Arc Parklane, Inc. D/B/A
Parklane West Healthcare Center (“appellant”). Appellee is Arvel Seals, Jr. as
Representative of the Estate of Dora Sylvia Lehrman, Deceased.
This suit is before this Court on appeal from the following trial court order:
Order: Defendant’s Motions to Compel Arbitration (signed by the trial
court on June 13, 2014 in Cause Number 2013-CI-17605).
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This interlocutory appeal was filed pursuant to Section 51.016 of the Civil Practice
and Remedies Code. See TEX. CIV. PRAC. & REM. CODE § 51.016 (authorizing an
interlocutory appeal from an order denying a motion to compel arbitration under
the Federal Arbitration Act). Also pending before this Court is related Cause
Number 04-14-00473-CV.
On September 24, 2015, this Court entered an order abating the present
interlocutory appeal so that the parties could mediate their dispute, and further
ordered that appellant file in this Court no later than November 11, 2015 either a
motion to dismiss the appeal or a motion to reinstate the appeal on the Court’s
docket.
The parties have reached a settlement agreement regarding the underlying
dispute in this appeal. Under the terms of the settlement, various actions need to
be taken in the trial court. Therefore, pursuant to Texas Rule of Appellate
Procedure 42.1, appellant and appellee jointly request the Court dismiss this
appeal.
Accordingly, Appellant Arc Parklane, Inc. D/B/A Parklane West Healthcare
Center and Appellee Arvel Seals, Jr. as Representative of the Estate of Dora Sylvia
Lehrman, Deceased jointly ask this Court to dismiss the appeal.
Respectfully submitted,
BY: /s/ Lorien Whyte
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Lorien Whyte
R. Barry Brin
State Bar No. 00792371
bbrin@brinandbrin.com
Lorien Whyte
State Bar No. 24042440
lwhyte@brinandbrin.com
Brin & Brin, P.C.
6223 IH 10 West
San Antonio, Texas 78201
(210) 341-9711 telephone
(210) 341-1854 facsimile
Attorneys for Appellant
BY: /s/ Gavin McInnis
Gavin McInnis
Gavin McInnis
Texas Bar No. 13679800
gavin@marynellmaloneylawfirm.com
Marynell Maloney
Texas Bar No. 12883200
marynell@marynellmaloneylawfirm.com
115 E. Travis, Suite 1800
San Antonio, Texas 78205
Telephone: (210) 212-8000
Facsimile: (210) 212-8385
Attorneys for Appellees
CERTIFICATE OF SERVICE
This is to certify that on the 11th day of November 2015 a copy of this
motion was served pursuant to the Texas Rule of Appellate Procedure 9.5 upon the
following counsel:
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Marynell Maloney
Gavin McInnis
Marynell Maloney Law Firm,
P.L.L.C.
115 East Travis Street, Suite 1800
San Antonio, Texas 78205
(210) 212-8000 Phone
(210) 212-8385 Fax
/s/ Lorien Whyte
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