Specialty Select Care Center of San Antonio, L.L.C. D/B/A Casa Rio Healthcare and Rehabilitation v. Helen Arlene Owen, Individually and on Behalf of All Wrongful Death Beneficiaries of Lily Mines, Helen Bomar, as Wrongful Death Beneficiary and on Behalf of the Estate of Frank Bomar, Trinidad Virginia Luna Rangel and Ted Richard Luna

• Court: Court of Appeals of Texas
• Decided: September 9, 2015
• Docket: 04-15-00561-CV
• Status: Published

Opinion

FILED 9/8/2015 4:48:58 PM Donna Kay McKinney Bexar County District Clerk Accepted By: Consuelo Gomez

CAUSE NO. 2014-CI-13633

Helen Arlene Owen, on behalf of all Wrongful § IN THE DISTRICT COURT Death Beneficiaries and Heirs of § FILED IN Lily Mines, Deceased § 4th COURT OF APPEALS SAN ANTONIO, TEXAS § Helen Bomar, as Wrongful Death Beneficiary and § 09/9/2015 8:34:04 AM on Behalf of the Estate of Frank Bomar, Deceased § KEITH E. HOTTLE § Clerk Trinidad Virginia Luna Rangel and Ted Richard § Luna, as all Wrongful Death Beneficiaries and § Heirs of Trinidad Luna, Deceased § § Carrie Lopez, on behalf of all Wrongful § Death Beneficiaries and Heirs of § Porfirio Ramirez, Deceased § 45th JUDICIAL DISTRICT § Sandra Mata, on Behalf of All Wrongful Death and § Beneficiaries and Heirs of Juanita Trinidad, § Deceased § § Carmen Perez, as Wrongful Death Beneficiary and § on Behalf of the Estate of Sally Perez, Deceased § § Reginald Bateman, as Wrongful Death Beneficiary § And Heir of Doris Lewis, Deceased § § Orlando Cisneros, as Wrongful Death Beneficiary § And on Behalf of the Estate of Lolie Cisneros, § Deceased § § Plaintiffs § vs. § § Specialty Select Care Center of San Antonio, § L.L.C. d/b/a Casa Rio Healthcare and § Rehabilitation, § § Defendant § BEXAR COUNTY, TEXAS ______________________________________________________________________________

DEFENDANT’S NOTICE OF APPEAL ______________________________________________________________________________

COMES NOW, Defendant Specialty Select Care Center of San Antonio, LLC, d/b/a Casa

Rio Healthcare and Rehabilitation (“Defendant” or “Casa Rio”), and timely files this Notice of

DEFENDANT’S NOTICE OF APPEAL – Page 1 Appeal pursuant to Rule 25.1 of the Texas Rules of Appellate Procedure and, in support thereof,

respectfully shows the Court as follows:

I. Defendant Casa Rio appeals from the cause styled, Helen Arlene Owen, et al., v. Specialty

Select Care Center of San Antonio, LLC, d/b/a Casa Rio Healthcare and Rehabilitation, and

having cause number 2014-CI-13633 in the 45th District Court of Bexar County, Texas, Honorable

Judge David Canales presiding.

II. Casa Rio appeals the Trial Court’s Order Denying Specialty Select Care Center of San

Antonio, LLC, d/b/a Casa Rio Healthcare and Rehabilitation’s Motion to Compel Arbitration and

Abate, which was signed on August 19, 2015. No party has filed a motion for new trial or other

motion extending the appellate deadline.

III. Casa Rio desires to appeal and hereby invokes the Appellate Court’s jurisdiction over all

parties. TEX. R. APP. P. 25.1(b); TEX. CIV. PRAC. & REM. CODE § 51.016; 9 U.S.C.A. § 1; Cotton

Commercial USA, Inc. v. Clear Creek Indep. Sch. Dist., 387 S.W.3d 99 (Tex. App. – Houston

[14th Dist.] 2012, no pet.) (Interlocutory appeal of trial court's denial of motion to compel

arbitration is available regardless of whether motion relied on Texas General Arbitration Act

(TAA) or Federal Arbitration Act (FAA)).

IV.

This appeal is to the Honorable Court of Appeals for the 4th District of Texas at San

Antonio.

DEFENDANT’S NOTICE OF APPEAL – Page 2 V. Because this is an interlocutory, accelerated appeal under TEX. CIV. PRAC. & REM. CODE

§51.016, this Notice of Appeal has been filed within twenty days of the Trial Court’s Order

Denying Specialty Select Care Center of San Antonio, LLC, d/b/a Casa Rio Healthcare and

Rehabilitation’s Motion to Compel Arbitration and Abate and is therefore timely. TEX. R. APP. P.

26.1.

Respectfully submitted,

SULLIVAN & COOK, LLC

/s/ Jeffrey Cook Jeffrey Cook State Bar No. 04734495 jcook@sullivancook.com Adam Barela State Bar. No. 24027138 abarela@sullivancook.com 600 E. Las Colinas Boulevard Suite 1300 Irving, Texas 75039 Telephone: (214) 520-7494 Facsimile: (214) 528-6925

-And-

Carl J. Kolb State Bar Number 11660480 Jeffrey L. Stewart State Bar No. 19211150 CARL J. KOLB, P.C. 926 Chulie Drive San Antonio, Texas 78216 Telephone: 210/225-6666 Telecopier: 210/225-2300 carl@carlkolblaw.com jeff@carlkolblaw.com

DEFENDANT’S NOTICE OF APPEAL – Page 3 Elizabeth Conry Davidson Attorney at Law 926 Chulie Drive San Antonio, Texas 78216 (210) 380-4899 telephone (210) 225-2300 facsimile conrydavidson@gmail.com

ATTORNEYS FOR DEFENDANT SPECIALTY SELECT CARE CENTER OF SAN ANTONIO, L.L.C. D/B/A CASA RIO HEALTHCARE AND REHABILITATION

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing document was sent to all counsel of record on this 8th day of September, 2015, as indicated below.

Via Facsimile Marynell Maloney Michelle Maloney Byron Miller Gavin McInnis Marynell Maloney Law Firm, PLLC 115 East Travis St., 18th Floor San Antonio, Texas 78205

/s/ Jeffrey Cook

DEFENDANT’S NOTICE OF APPEAL – Page 4