Rufina Reyes Yanez v. American General Life Insurance Company

Opinion

ACCEPTED

04-15-00548-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

9/21/2015 5:20:57 PM

KEITH HOTTLE

CLERK

CAUSE NO. 04-15-00548-CV

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

SAN ANTONIO, TEXAS

FOURTH COURT OF APPEALS DISTRICT 9/21/2015 5:20:57 PM

SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk

RUFINA REYES YANEZ, Appellant vs. AMERICAN GENERAL LIFE INSURANCE COMPANY, Appellee Trial Court No. 2014CVF000504-D3 341ST DISTRICT COURT OF WEBB COUNTY, TEXAS

NOTICE OF COURT TO ABATE THE APPELLATE PROCEDURE ON THIS CASE

TO THE HONORABLE COURT OF APPEALS:

1. On June 12, 2015, the undersigned counsel for this case filed Supplemental Plaintiff’s Motion To Set Aside the May 13, 2015, Order Granting Defendant’s Traditional Motion For Summary Judgment and in the Alternative Motion for New Trial on the trial.

2. The Court had a hearing and the court denied to set aside the Motion For Summary Judgment. The Court did not address the Motion For New Trial.

3. The Motion for New Trial will lapse by operation of law sometime in early October 2015.

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4. Undersigned counsel is of the opinion that the Court of original jurisdiction must make a ruling on the Motion For New Trial before this Court is ripe for appeal.

5. Undersigned counsel prays that this case be abated until the lower court rules on the Motion For New Trial or lapses by operation of law.

6. PRAYER. Wherefore premises considered undersigned counsel (Appellant) request this Court abate this Appeal until the court of original jurisdiction rules on the Motion For New Trial.

Respectfully submitted,

/s/ Armando Treviño

ARMANDO TREVINO

State Bar No. 20211100

1519 Washington St., Suite One Laredo, Texas 78040

Tel (956) 726-1638

Email: armandotrevinolaw@gmail.com Attorney for Appellant

CERTIFICATE OF SERVICE

I certify that on September 21, 2015, I served a copy of the foregoing Jason A. Richardson, at Edison, McDowell & Hetherington, LLP, 3200 Southwest Freeway, Suite 2100, Houston, Texas 77027, jason.richardson@emhllp.com.

/s/ Armando Treviño

ARMANDO TREVINO

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