Autozone, Inc. and Autozoners L.L.C. v. Mario Flores

Opinion

ACCEPTED

04-15-00307-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

8/17/2015 5:24:28 PM

KEITH HOTTLE

CLERK

NO. 04-15-00307-CV

IN THE COURT OF APPEALS FILED IN 4th COURT OF APPEALS

FOURTH COURT OF APPEALS DISTRICTSAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 8/17/2015 5:24:28 PM KEITH E. HOTTLE

*** Clerk

AUTOZONE, INC., AND AUTOZONERS, L.L.C., Appellants

V.

MARIO FLORES,

Appellee

***

UNOPPOSED MOTION TO DISMISS APPEAL

***

TO THE HONORABLE JUSTICES OF SAID COURT:

COME NOW, AUTOZONE, INC. AND AUTOZONERS, L.L.C., Appellants, who file this Unopposed Motion to Dismiss Appeal and, in support thereof, would respectfully show unto the Court the following:

I.

On January 14, 2015, Appellee Mario Flores filed suit against AutoZone, Inc. and AutoZoners, L.L.C., alleging negligence and seeking monetary relief. (CR 9-16, 26) The Defendants answered and, shortly thereafter, filed a Motion to Compel Arbitration, seeking enforcement of the arbitration provisions contained

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within the subject plan. (CR 28-31, 72-143) Appellee Flores opposed the motion to compel; Appellants replied; and the trial court held a hearing on April 13, 2015. (CR 144, 145-60, 161-202; RR) On April 27, 2015, the trial court signed an Order denying “Defendants’ Motion to Compel/Enforce Arbitration.” (CR 294) The Appellants then timely perfected an interlocutory appeal pursuant to section 51.016 of the Texas Civil Practice and Remedies Code. (CR 299-300, 307-09)

Following the filing of the clerk’s and the reporter’s records, Appellants filed their Brief of Appellants on June 23, 2015. Thereafter, Appellants and Appellee reached an agreement regarding the issues involved in this interlocutory appeal as evidenced by the Agreed Order Compelling Arbitration and Staying Proceedings signed by the trial court on August 14, 2015. (See Agreed Order Compelling Arbitration and Staying Proceedings, a copy of which is attached hereto as Exhibit “A”) As a result, Appellants now move to dismiss this appeal without reference to its merits, with appellate court costs to be borne by the party incurring same. TEX. R. APP. P. 42.1(a)(1); TEX. R. APP. P. 42.1(d).

II.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellants AutoZone, Inc. and AutoZoners, L.L.C. respectfully request that this Court grant their Unopposed Motion to Dismiss Appeal, that the Court dismiss this appeal without reference to

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its merits, and that the Court assess appellate court costs against the party incurring same.

Respectfully submitted,

BRETT REYNOLDS & ASSOCIATES, P.C. THE LAW OFFICE OF Brett T. Reynolds JACQUELINE M. STROH, P.C. State Bar No. 16795500 Jacqueline M. Stroh btreynolds@btrlaw.com State Bar No. 00791747 1250 N.E. Loop 410, Suite 420 jackie@strohappellate.com San Antonio, Texas 78209 10101 Reunion Place, Suite 600 (210) 805-9799 San Antonio, Texas 78216 (210) 805-9654 (telecopier) (210) 477-7416 (210) 477-7466 (telecopier)

By: /s/ Jacqueline M. Stroh Jacqueline M. Stroh

ATTORNEYS FOR APPELLANTS

AUTOZONE, INC. AND AUTOZONERS, L.L.C.

CERTIFICATE OF CONFERENCE

Appellants have conferred with counsel for Appellee regarding this motion, and counsel for Appellee has stated that the Appellee is unopposed to this motion.

/s/ Jacqueline M. Stroh

Jacqueline M. Stroh

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing motion was on the 17th day of August, 2015, served by in accordance with the Texas Rules of Appellate Procedure on the following counsel of record:

Jaime M. Lynn jlynn@carlsonattorneys.com

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Kiara Martinez kmartinez@carlsonattorneys.com THE CARLSON LAW FIRM, P.C. 11606 North Interstate Highway 35 Austin, Texas 78753 -and- 400 West Jasper Road Killeen, Texas 76542 Attorneys for Appellee

/s/ Jacqueline M. Stroh

Jacqueline M. Stroh

Filed: 8/14/2015 8:28:00 AM Eloy R. Garcia, District Clerk Starr County, Texas Angelica Reyes