El Caballero Ranch, Inc. A/K/A El Caballero, LLC and Laredo Marine, LLC v. Grace River Ranch, LLC ( 2015 )

ACCEPTED 04-15-00127-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/31/2015 3:31:16 PM KEITH HOTTLE CLERK MOOR1VIAN TATE HALEY UPCHURCH & YATES, LLP ATTORNEYS AT LAW FILED IN R. HAL MOORMAN*t 207 EAST MAIN STREET 4th COURTBOARDOF APPEALS CERTIFIED STEVEN C. HALEY BRENHAM, TEXAS 77833 SAN *ESTATE ANTONIO, PLANNING TEXAS & PROBATE LAW tCIVIL TRIAL LAW LAURA UPCHURCH P.O. BOX 1808 WENDY YATES* 07/31/15 TEXAS BOARD 3:31:16 OF LEGAL PM SPECIALIZATION BRENHAM, TEXAS 77834-1808 (979) 836-5664 KEITH GEORGE E. HOTTLE R. MOORMAN (1919-2011) ANDREW J. HEFFERLY FAX (979) 830-0913 MILTON Y.Clerk TATE, JR. (RETIRED) CHRISTOPHER S. HARDY www.moormantate.com July 31, 2015 Fourth Court of Appeals Cadena-Reeves Justice Center 300 Dolorosa, Ste. 3200 San Antonio, Texas 78205-3037 RE: El Caballero Ranch, Inc. and Laredo Marine, L.L.C. v. Grace River Ranch, LLC; No. 04-15-00127CV, 4th Judicial District, San Antonio, Texas Dear Justices of the Fourth Court of Appeals: By way of supplement of the Brief of Appellee filed herein, Grace River Ranch, LLC (Grace River) provides the following additional argument: La Salle County No Longer a Party to the Suit Below With No Pending Affirmative Claims Appellants, by their Brief, stated that La Salle County was a party to the proceeding below and had filed an affirmative pleading asserting it was improper for the trial court to enter a Partial Summary Judgment that the disputed road was a public road (Appellants Brief at 27). Although not indicated by Appellants' Brief, La Salle County filed below its Plea to the Jurisdiction claiming that the county was immune from Appellants' third party claim on the basis of sovereign immunity. That {18705.43065-00395933.DOCX} July 31, 2015 Page 2 Plea to the Jurisdiction was recently granted by the trial court on July 27, 2015. Order — Plea to the Jurisdiction dated July 27, 2015 [Exhibit A].' La Salle County is no longer a party to the suit below. La Salle County no longer has any pending affirmative e aim seeking ny modification of the Partial Summary Judgment. Sincerely, STEVEN C. HALEY SCH:mb Enclosures CC: Annalyn G. Smith Schmoyer Reinhard, LLP 17806 I-10W, Ste. 400 San Antonio, Texas 78257 E-mail: asmith@ar-11p.com Kimberly S. Keller Keller Stolarczyk PLLC 234 West Bandera Road, No. 120 Boerne, Texas 78006 E-mail: kim@kellsto.com 1Grace River has requested the La Salle County District Clerk's Office to supplement the Appellate Record as soon as possible with a copy of this recent Order — Plea to the Jurisdiction. {18705.43065-00395933.DOCX} July 31, 2015 Page 3 Donato Ramos, Jr. Law Offices of Donato D. Ramos, P.L.L.C. Texas Community Bank Building 6721 McPherson, Suite 350 Laredo, Texas 78041 E-mail: donatoramosjr@ddrlex.corn {18705.43065-00395933.DOCX} EXHIBIT A SUAN t CAUSE NO. 13-04-00108-CVL GRACE RIVER RANCH, LLC IN THE DISTRICT COURT V. EL CABALLERO RANCH, INC. A/K/A EL CABALLERO, LLC AND LAREDO 218th JUDICIAL DISTRICT MARINE, L.L.C. V. COUNTY OF LA SALLE LASALLE COUNTY, 'IOAS ORDER PLEA TO THE JURISDICTION — On April 1, 2015, came on for hearing the Plea to the Jurisdiction filed herein by Third Party Defendant COUNTY OF LA SALLE ("La Salle County"). Plaintiff GRACE RIVER RANCH, LLC, Defendants/Third Party Plaintiffs EL CABALLERO RANCH, INC. a/k/a EL CABALLERO, LLC and LAREDO MARINE, LLC, (collectively "El Caballero"), and Third Party Defendant La Salle County each appeared by and through counsel. The Court having considered the pleadings, arguments and evidence presented, SUSTAINS the Plea to the Jurisdiction. All claims for relief of El Caballero against La Salle County are dismissed. Rendered and Signed July 27, 2015. Judge Presiding u ITA A. ESQU- UNTY & DISTRICT G.' ,Alt LA SALLE GOUNTIC TEXAS' DEPUTY VOL. 101PAGE 2