Regency Nursing Center Partners of Bastrop, Ltd. D/B/A Bastrop Lost Pines Nursing and Rehabilitation Center, (BLP) v. Jerry Haywood Lillie Piper Geneva McMarion Hulisher Haywood James Haywood And Dorothy Haywood-Dockery, Individually and as Representatives of the Estate of Margaret Haywood

Opinion

ACCEPTED 03-15-00653-CV 7756408 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/10/2015 9:14:43 AM JEFFREY D. KYLE CLERK

CAUSE NO. 29,504 RECEIVED IN 3rd COURT OF APPEALS JERRY HAYWOOD, LILLIE PIPER, § AUSTIN, IN THE DISTRICT COURT OFTEXAS GENEVA McMARION, HULISHER § 11/10/2015 9:14:43 AM HAYWOOD, JAMES HAYWOOD, § JEFFREY D. KYLE DOROTHY HAYWOOD-DOCKERY, § Clerk INDIVIDUALLY AND AS § REPRESENTATIVES OF THE § ESTATE OF MARGARET § HAYWOOD, DECEASED § BASTROP COUNTY, TEXAS § VS. § § REGENCY NURSING CENTER § PARTNERS OF BASTROP, LTD. § d/b/a BASTROP LOST PINES § NURSING AND REHABILITATION § CENTER § 2JST JUDICIAL DISTRICT

DEFEND AT'S MOTION TO ENTER SUPERSEDEAS BOND

Whereas. on July 29, 2015, the District Court signed a Final Judgment awarding

Plaintiffs damages and other relief against Defendant; and whereas Defendant on October 13.

2015 tiled its Notice of Appeal advising this District Clerk and Court that it intends to appeal

the Final .Judgment and to supersede it during appeal;

Therefore, Defendant. as principal. and Liberty Mutual Insurance Company. a

corporation. as surety (on the entire amount herein), acknowledge themselves bound to pay

Plaintills in the amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250.000.00) if

either of the following conditions is met as to Defendant: (a) the Defendant does not perfect an

appeal or the appeal it perfects is dismissed, and the Defendant does not perform the Final

Judgment; or (b) the Defendant does not perform the Final Judgment, as affirmed or modified.

if when it is made final on appeal but in no event shall the liability of the surety exceed the

penal sum of this bond . (See attached Exhibit ·'A")

Wherefore premises considered, Defendant respectfully requests that the District Clerk c'-'£RK c.,"- ~FP'"D-r~ ~ ;o 6v ~

~ . . . =~· _, Certify her Approval of this bond and present to the District Judge for his approvaL and '"'_... "___ .. and all further relieve that this Defendant may show itself entitled to either at law or at equity.

Respectfully submitted,

1 Paul J. Swacina 7 State Bar No . 19542700 Tyler Granger State Bar No. 24072949 Law Office of Paul J. Swacina, LLC One O' Connor Plaza 101 West Goodwin, Suite 600 Victoria, Texas 77901 (36 I )580-2400 (36 I )580-2402 Fax pswacina@regencyhealthcare.com tgranger@regency health care.com

ATTORNEYS FOR REGENCY NURSING CENTER PARTNERS OF BASTROP, Ltd. d/b/a BASTROP LOST PINES NURSING AND REHABILITATION CENTER

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document has been either transmitted by electronic service, facsimile, or sent via US Mail, Certified Mail, Return Receipt Requested, on this the 3u"t!:-day of October, 2015, to the following:

VIA FACSIMILLE (512) 481-0130 Jack Modesett, III Modesett Williams, PLLC 515 Congress Avenue, Suite 1650 Austin, TX 78701

Paul J. S'wacina ' CLERK'S CERTIFICATE OF APPROVAL OF SUPERSEDEAS BOND

· At( }l : i!EII'l()f"t?.. Approved this :J day of0e!6bCT, 2015:

BASTROP COUNTY DISTRICT CLERK