University of Incarnate Word and Christopher Carter v. Valerie Redus, Individually, and Robert M. Redus, Individually and as Administrator of the Estate of Robert Cameron Redus ( 2015 )

ACCEPTED
04-15-00120-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
6/12/2015 3:11:01 PM
KEITH HOTTLE
CLERK
NO. 04-15-00120-CV
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
IN THE FOURTH COURT OF APPEALS06/12/15 3:11:01 PM
OF THE STATE OF TEXAS KEITH E. HOTTLE
Clerk
UNIVERSITY OF THE INCARNATE WORD,
Defendant — Appellant,
V.
VALERIE REDUS, ET AL.,
Plaintiffs — Appellees.
APPEAL FROM 150TH JUDICIAL DISTRICT COURT
OF BEXAR COUNTY, TEXAS
APPELLANT'S ADVISORY REGARDING
NEW LEGAL AUTHORITY RELEVANT TO THE APPEAL
TO THE HONORABLE COURT OF APPEALS:
Appellant, University of the Incarnate Word ("UIW"), Defendant in the
underlying cause of action, respectfully files this Advisory to apprise the Court of a
new 1St Court of Appeals decision relevant to Appellant's Interlocutory Appeal and the
Motion to Dismiss filed by Appellee. In support thereof, UIW would show this Court:
Attached as Exhibit #1 is the Opinion of the Court of Appeals of Texas, First
District, Houston, issued June 4, 2015 in the matter of William Marsh Rice Univ. v.
Thomas, No. 01-14-00908-CV, 2015 Tex. App. LEXIS 5661 (Tex. App. — Houston
[1st Dist.] 2015).
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant UIW respectfully asks
the Court to Grant its Plea to the Jurisdiction and Motion to Dismiss, and dismiss all
claims and causes of action pleaded by Plaintiffs against UIW and Cpl. Carter and for
such other legal and equitable relief to which Appellant may be entitled.
Respectfully submitted,
BEIRNE, MAYNARD & PARSONS, L.L.P.
The Weston Centre
112 East Pecan Street, Suite 2750
San Antonio, TX 78205
(210) 582-0220 - Telephone
210) 582-0231 — Facsimile
By: /s/ Laurence S. Kurth
Laurence S. Kurth
State Bar No. 11768450
E-mail — lkurthgbmp lip .com
Matthew F. Wymer
State Bar No. 24005234
E-mail — mwymer q.,bmpllp.com
ATTORNEYS FOR DEFENDANT THE
UNIVERSITY OF THE INCARNATE WORD
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been forwarded
to the following counsel of record in accordance with the Texas Rules of Civil
Procedure this 12th day of June, 2015:
Brent C. Perry
Law Office of Brent C. Perry, PC
800 Commerce Street
Houston, TX 77002
brentperry@brentperrylaw.com
Mason W. Herring
Herring Law Firm
4640 Banning Drive
Houston, TX 77027
mhening@herringlawfinn.corn
Jorge Herrera
Herrera Law Firm
111 Soledad, Suite 1900
San Antonio, TX 78205
jherrera@herreralaw.corn
Robert A. Valadez
Javier T. Duran
Shelton & Valadez
600 Navarro Street, Suite 500
San Antonio, TX 78205
rvaladez@shelton-valadez.corn
jduran@shelton-valadez.com
/s/ Laurence S. Kurth
Laurence S. Kurth