ARC Parklane, Inc. v. Arvel Seals, Jr.

Opinion

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 - ---- SAN ANTONIO, --- - TEXAS FOURTH COURT OF APPEALS - - ---- EM ------ 11/11/2015 - ID4:23:16 - - PM - ---- VO ------ AT SAN ANTONIO, TEXAS KEITH---E. -- HOTTLE - ---- Clerk

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).

2 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

3 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:

4 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