Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 11/10/2015 10:48:53 AM DEBBIE AUTREY Clerk *1 ACCEPTED 06-15-00070-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/10/2015 10:48:53 AM DEBBIE AUTREY CLERK
CAUSE NO. 06-15-00070-CV
HERITAGE SNF D/B/A HERITAGE § IN THE COURT OF APPEALS
PLAZA NURSING AND §
REHABILITATION CENTER §
§
PLAINTIFF §
§
VS. § SIXTH APPELLATE DISTRICT
§
GEORGE FISHER, INDIVIDUALLY §
AND AS INDEPENDENT EXECUTOR OF §
THE ESTATE OF WILMER GIDDENS §
DECEASED §
§
DEFENDANT § STATE OF TEXAS
MOTION TO DISMISS APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now Plaintiff Heritage SNF, LP d/b/a Heritage Plaza Nursing and Rehabilitation
Center (“Plaintiff”) and moves to dismiss its appeal of this case and would show the court as
follows:
1. On June 25, 2015, the trial court, in case number 06-C1701-CCL, issued a
judgment awarding Plaintiff damages, pre- and post-judgment interest, and court costs but
denying an award for attorneys’ fees.
2. Less than thirty days from the date of judgment, Plaintiff filed a motion to modify
the judgment to allow an award for attorneys’ fees, thereby extending the trial court’s plenary
power to modify the judgment. See Tex. R. Civ. Pro. 329b (a), (e), (g).
3. On September 23, 2015, the trial court had yet to rule on Plaintiff’s motion to
modify, and Plaintiff filed its notice of appeal to preserve an appeal. See Tex. R. App. Pro.
26.1(a).
MOTION TO DISMISS APPEAL PAGE 1
4. On October 5, 2015, the trial court, still having plenary power, issued an
Amended Final Judgment, effectively modifying its original judgment to add an award for
attorneys’ fees.
5. Accordingly, there no longer being any need to appeal the trial court’s original
judgment, Plaintiff hereby moves to dismiss its appeal.
Respectfully submitted,
/s/ David H. Estes__________________ DAVID H. ESTES
State Bar No. 24012599
destes@hdbdlaw.com
NEIL J. STOCKBRIDGE
State Bar No. 24088474
nstockbridge@hdbdlaw.com
HARTLINE DACUS BARGER DREYER LLP
8750 North Central Expressway, Suite 1600
Dallas, Texas 75231
(214) 369-2100
(214) 369-2118 - Facsimile
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been
forwarded to all known counsel of record in accordance with the Texas Rules of Civil Procedure
on this 10th day of November 2015.
/s/ David H. Estes__________________ DAVID H. ESTES
MOTION TO DISMISS APPEAL PAGE 2