Morningside Ministries D/B/A Morningside Ministries at the Manor and the Morningside Ministries Foundation, Inc. v. Rosa Lee Rodriguez, as Next Friend of Flora Mendez ( 2015 )

ACCEPTED 04-15-00049-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/3/2015 1:06:03 PM KEITH HOTTLE CLERK NO. 04-15-00049-CV FILED IN 4th COURT OF APPEALS IN THE COURT OF APPEALS SAN ANTONIO, TEXAS FOURTH COURT OF APPEALS DISTRICT 11/3/2015 1:06:03 PM KEITH E. HOTTLE SAN ANTONIO, TEXAS Clerk MORNINGSIDE MINISTRIES, D/B/A MORNINGSIDE MINISTRIES AT THE MANOR AND THE MORNINGSIDE MINISTRIES FOUNDATION, INC., Appellants vs. ROSA LEE RODRIGUEZ, AS NEXT FRIEND OF FLORA MENDEZ, Appellee On Appeal from the 166th Judicial District Court Bexar County, Texas The Hon. Laura Salinas, Presiding AGREED MOTION TO ABATE APPEAL TO FINALIZE SETTLEMENT TO THE HONORABLE JUSTICES OF THE COURT: Appellants Morningside Ministries d/b/a Morningside Ministries at the Manor and The Morningside Ministries Foundation, Inc., and Appellee Rosa Lee Rodriguez, as next friend of Flora Mendez, respectfully file this agreed motion requesting that this appeal be immediately abated for 30 days in order to the parties to finalize their settlement agreement. As good cause, the parties would show the following: I. On November 3, 2015, the parties agreed to settle the case underlying this appeal. One of the conditions of that settlement is that no opinion be issued in this appeal. II. This appeal has been fully briefed and was submitted without oral argument on September 30, 2015. In order that they may finalize the settlement agreement, the parties request that this appeal be immediately abated for 30 days. WHEREFORE, Appellants Morningside Ministries d/b/a Morningside Ministries at the Manor and The Morningside Ministries Foundation, Inc., and Appellee Rosa Lee Rodriguez, as next friend of Flora Mendez, pray that this motion be granted and that the appeal be immediately abated for 30 days to permit the parties to finalize their settlement agreement. 2 Respectfully submitted, HOUSTON DUNN, PLLC Nissa M. Dunn State Bar No. 14766450 4040 Broadway, Suite 440 San Antonio, Texas 78209 (210) 775-0880 – Telephone (210) 826-0075 – Fax nissa@hdappeals.com By: /s/ Nissa M. Dunn Nissa M. Dunn ATTORNEYS FOR APPELLANTS LAW OFFICE OF BETH WATKINS Beth Watkins State Bar No. 24037675 926 Chulie Drive San Antonio, Texas 78216 (210) 225-6666 – Telephone (210) 225-2300 – Fax Beth.Watkins@WatkinsAppeals.com By: /s/ Beth Watkins Beth Watkins ATTORNEYS FOR APPELLEE 3 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on November 3, 2015 electronically and/or by e-mail to: Harold J. Lotz, Jr. J. Gregory Myers Alexis A. Scott Andrew Taleghany 1210 Nacogdoches Road Myers Doyle San Antonio, Texas 78209-3338 7676 Woodway, Suite 350 (210) 212-4100 – Telephone Houston, Texas 77063 (210) 212-5700 – Telecopier gmyers@myersdoyle.com hlotz@lotzandassociates.com ataleghany@myersdoyle.com ascott@lotzandassociates.com ATTORNEYS FOR DEFENDANT ATTORNEYS FOR APPELLANTS QUINTIN BERRY J. Thomas Rhodes, III Tom Rhodes Law Firm, P.C. 126 Villita Street San Antonio, Texas 78205 trhodes@tomthodeslaw.com Thomas J. Henry Curtis W. Fitzgerald, II The Law Office of Thomas J. Henry 521 Starr Street Corpus Christi, Texas 78410 thenry@thomasjhenrylaw.com cfitzgerald@thomasjhenrylaw.com ATTORNEYS FOR APPELLEE /s/ Nissa M. Dunn Nissa M. Dunn 4