Jose Orellana and Merlin Carolina Baca Rubio, Individually and as Representatives of the Estate of Jonathan Josue Orellana Baca v. Westheimer Terrace Apartments Management, L.L.C. and Westheimer Terrace Apartments, L.L.C.

Opinion

ACCEPTED

01-15-00552-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS 9/18/2015 8:46:09 AM CHRISTOPHER PRINE

CLERK

NO. 01·15-00552-CV

FILED IN

1st COURT OF APPEALS

IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE 9/18/2015 8:46:09 AM FIRST DISTRICT OF TEXAS CHRISTOPHER A. PRINE Clerk

JOSUE ORELLANA AND MERLIN CAROLINA BACA RUBIO, INDIVIDUALLY AND AS REPRESENTATIVES OF THE ESTATE OF JONATHAN JOSUE ORELLANA BACA, DECEASED, Appellants

v.

WESTHEIMER TERRACE APARTMENTS MANAGEMENT, L.L.C. AND WESTHEIMER TERRACE APARTMENTS, L.L.C., Appellees

JOINT MOTION FOR DISMISSAL OF APPEAL WITH PREJUDICE

TO THE HONORABLE FIRST COURT OF APPPEALS:

Pursuant to Rule 42.1 (a) of the Texas Rules of Appellate Procedure, Josue

Orellana and Merlin Carolina Baca Rubio, Individually and as Representatives of the

Estate of Jonathan Josue Orellana Baca, Deceased, the Appellants in the above

mentioned appeal, and Westheimer Terrace Apartments Management, L.L.C. and

Westheimer Terrace Apartments, L.L.C., the Appellees in the above appeal, through

their attorneys of record, file this Joint Motion for Dismissal With Prejudice, and

respectfully show the court the following:

1. On June 17, 2015, Appellants Josue Orellana and Merlin Carolina Baca Rubio,

Individually and as Representatives of the Estate of Jonathan Orellana Baca,

Deceased, the Plaintiffs, filed a notice appeal from the judgment of the trial court

granting Westheimer Terrace Apartments Management L.L.C. and Westheimer Terrace

Apartments, L.L.C.'s, the Defendants, Motion for Summary Judgment, entered on April

10, 2015.

2. On August 11, 2015 this Court ordered Appellants and Appel lees to mediation for

resolution of this matter.

3. The mediation took place on September 8, 2015.

4. The parties assert that they have reached a compromise at mediation, and thus

the need for further appellate proceedings is no longer necessary.

5. On September 17, 2015, counsel for both Appellants and Appellees conferred

and both join in this motion.

WHEREFORE, the parties request that this Court dismiss the above appeal, with

prejudice to the parties' rights in any subsequent appeal, if any.

Respectfully submitted,

HILLIARD MUNOZ GONZALES LLP

By :

State Bar No. 09677700 bobh@hmglawfirm.com Rudy Gonzales, Jr. State Bar No. 08121700 rudyg@hmglawfirm.com Catherine D. Tobin State Bar No. 24013642 Catherine@hmglawfirm.com John B. Martinez State Bar No. 24010212 john@hmglawfirm.com Marion M. Reilly State Bar No. 24079195 marion@hmglawfirm.com

Todd A. Hunter Jr. State Bar No. 24087774 todd@hmglawfirm.com

719 S. Shoreline Boulevard, Suite 500 Corpus Christi, Texas 78401 Telephone No.: (361) 882-1612 Facsimile No.: (361) 882.3015

ATTORNEYS FOR PLAINTIFF

Certificate of Conference

As required by Texas Rule of Appellate Procedure 10.1 (a)(5) , I certify that I have conferred, or made a reasonable attempt to confer, with all other parties which are listed below about the merits of this motion with the following results:

Bianca Cedrone:

1. opposes motion A does not oppose motion ~ agrees with motion 4 . would not say whether motion is opposed 5. did not return my message regarding the motion

Date I

CERTIFICATE OF SERVICE

As required by Texas Rules of Appellate Procedure 6.3 and 9.5(b), (d) (c), I certify that l ~....

ave served this document on all parties that are listed below on September H, 2015 as follows:

Via Electronic Fi/ingService to: wbdaw@dawray.com ; bcedrone@dawray.com

Joint Motion for Dismissal With Prejudice 3

Willie Ben Daw, Ill Bianca Cedrone Daw & Ray, LLP 5718 Westheimer , Suite 1750 Houston, Texas 77057