Case Information

*0 RECEIVED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 12/9/2015 5:01:15 PM KEITH E. HOTTLE Clerk FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 12/9/2015 5:01:15 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00049-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/9/2015 5:01:15 PM KEITH HOTTLE CLERK Cause No. 04-15-00049-CV

Morningside Ministries, d/b/a Morningside § In the Court of Appeals

Ministries at the Manor and the Morningside §

Ministries Foundation, Inc., §

Appellants, §

—versus— § Fourth Court of Appeals District

Rosie Lee Rodriguez, as Next Friend of §

Flora Mendez, §

Appellee. § San Antonio, Texas OTION TO EINSTATE PPEAL ON A CCELERATED D OCKET TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES Appellee Rosie Lee Rodriguez, as Next Friend of Flora Mendez, and files

this motion asking that this Court reinstate this appeal on its accelerated docket, and would

respectfully show the Court as follows:

A. Factual and Procedural History

1. The case is on appeal from the 166th Judicial District Court, Bexar County, Texas.

2. The style and number of the case in the trial court was Rosie Lee Rodriguez, as Next

Friend of Flora Mendez v. Morningside Ministries, d/b/a Morningside Ministries at the Manor

and the Morningside Ministries Foundation, Inc. , Bexar County District Court Cause No. 2014-

CI-07530.

3. This is an interlocutory appeal from an order denying a motion to dismiss filed under

section 74.351 of the Texas Civil Practice and Remedies Code. As such, this appeal is

accelerated. See, e.g., Laurel Ridge Hosp., L.P. v. Almazan , 374 S.W.3d 601, 603 (Tex. App.—

San Antonio 2012, no pet.).

4. The parties completed their briefing on October 23, 2015, when the Appellants filed their

Reply Brief.

5. While the parties prepared their briefing, they were also negotiating the terms of a

possible settlement. They believed they had reached a settlement, and on November 3, 2015,

filed an Agreed Motion to Abate Appeal to Finalize Settlement.

6. On November 4, 2015, this Court granted that motion, and abated the appeal for thirty

days. That abatement expired according to its own terms on December 4, 2015.

7. Unfortunately, the parties’ settlement negotiations have broken down, so Appellee Rosie

Lee Rodriguez, as Next Friend of Flora Mendez, respectfully requests that this Court reinstate

this appeal on its active docket.

B. Argument and Authorities

8. This Court has the authority to abate an appeal pending settlement. See, e.g., Tex. R.

App. P. 42.1(A)(2)(C); see also Mantas v. Fifth Court of Appeals , 925 S.W.2d 656, 659 (Tex.

1996). It logically follows that this Court has the authority to reinstate an appeal if the envisioned

settlement does not occur.

9. Under the terms of this Court’s own abatement order, the abatement has expired, so

Appellee’s request to reinstate this cause on the Court’s active docket is a mere formality.

10. Appellee Rosie Lee Rodriguez, as Next Friend of Flora Mendez, therefore respectfully

requests that this Court reinstate this appeal on its active docket.

C. Conclusion and Prayer

11. For the foregoing reasons, Appellee Rosie Lee Rodriguez, as Next Friend of Flora

Mendez, respectfully requests that this Court grant this Motion to Reinstate Appeal, and place

this cause on the Court’s active accelerated docket.

Respectfully submitted,

/s/ Beth Watkins Beth Watkins

State Bar No. 24037675

L AW O FFICE OF B ETH W ATKINS

926 Chulie Drive

San Antonio, Texas 78216

(210) 225-6666—phone

(210) 225-2300—fax

Beth.Watkins@WatkinsAppeals.com C OUNSEL FOR PPELLEE OSIE L EE R ODRIGUEZ , AS N EXT F RIEND OF F LORA ENDEZ

C ERTIFICATE OF C ONFERENCE

I hereby certify that on December 9, 2015, I conferred with Nissa M. Dunn, Counsel for

Appellant, on the substance of this motion. Ms. Dunn provided the following response on behalf

of her client:

Ms. Dunn understands that the 30-day abatement period has terminated, but

disagrees that settlement negotiations between the parties have failed. Ms. Dunn

bases her disagreement on the fact that Michael Peden, who previously mediated

the case, is currently assisting the parties in attempting to resolve the remaining

issues preventing final consummation of the settlement agreement.

/s/ Beth Watkins Beth Watkins

C ERTIFICATE OF S ERVICE

I hereby certify that on December 9, 2015, a true and correct copy of the foregoing

Motion to Reinstate Appeal was electronically served on the following counsel of record:

Nissa M. Dunn

H OUSTON D UNN

4040 Broadway, Suite 440

San Antonio, Texas 78209

nissa@hdappeals.com

C OUNSEL FOR A PPELLANT

/s/ Beth Watkins Beth Watkins

C OUNSEL FOR PPELLEE R OSIE L EE ODRIGUEZ , AS N EXT F RIEND OF F LORA ENDEZ