Luis and Janeth Moreno, Individually and on Behalf of Their Daughter GM v. Rosa Vida, Individually ( 2015 )

ACCEPTED 04-15-00312-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/27/2015 4:52:46 PM KEITH HOTTLE CLERK NO. 04-15-00312-CV __________________________________________________________________ FILED IN IN THE COURT OF APPEALS 4th COURT OF APPEALS SAN ANTONIO, TEXAS FOR THE FOURTH COURT OF APPEALS DISTRICT 07/27/15 4:52:46 PM SAN ANTONIO, TEXAS KEITH E. HOTTLE __________________________________________________________________ Clerk Luis and Janeth Moreno, individually and on behalf of their daughter GM v. Rosa Vida, Individually __________________________________________________________________ Trial Court Cause No. 2015CVT000802 D3, in the 341st District Court, Webb County, Texas The Honorable Beckie Palomo, Presiding __________________________________________________________________ APPELLANTS’ MOTION TO DISMISS APPEAL __________________________________________________________________ TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS: COMES NOW Appellants Luis and Janeth Moreno, individually and on behalf of G.M., and respectfully ask the Court to dismiss this appeal. I. Appellants are Luis and Janeth Moreno, individually and on behalf of G.M. Appellant perfected the appeal on May 15, 2015, when they filed a notice of appeal. II. On June 12, 2015, Appellants reached a settlement with Appellee’s co- defendant in the underlying case, Mary Help of Christians School. 1 III. The Court has the authority under Texas Rule of Appellate Procedure 42.1(a) to grant this motion to dismiss. Therefore, Appellants request the Court dismiss the appeal in whole. PRAYER WHEREFORE, PREMISES CONSIDERED, Appellants Luis and Janeth Moreno, Individually and on behalf of their daughter G. M. respectfully move this Court to dismiss the appeal in whole. Appellants further pray for such other relief, at law or in equity, to which they may be justly entitled. Respectfully submitted, BY: “/s/ Ronald Rodriguez” Ronald Rodriguez THE LAW OFFICES OF RONALD RODRIGUEZ, P.C. Ronald Rodriguez SBN 00788306 Willard Clark SBN 24087307 915 Victoria Street Laredo, Texas 78040 (956) 796-1000 – Telephone (956) 796-1002 – Fax ron@ronaldrodriguez.com will@ronaldrodriguez.com ATTORNEYS FOR APPELLANTS LUIS AND JANETH MORENO, INDIVIDUALLY AND ON BEHALF OF THEIR DAUGHTER GM (VICTIM) 2 CERTIFICATE OF CONFERENCE I certify that I conferred with Counsel for Appellee regarding this motion. Appellee had not responded at the time of filing this motion. “/s/ Ronald Rodriguez” Ronald Rodriguez CERTIFICATE OF SERVICE I certify that I served opposing counsel on July 27, 2015, in accordance with the Rules of Appellate Procedure. “/s/ Ronald Rodriguez” Ronald Rodriguez 3