Williamsburg Care Co., LP D/B/A Princeton Place Rehabilitation and Healthcare v. Jesus Acosta, Individually and as Representative of the Estate of Maria Acosta

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00823-CV WILLIAMSBURG CARE CO., LP d/b/a Princeton Place Rehabilitation and Healthcare, Appellant v. Jesus Acosta, Individually and as Representative of the Estate of Maria Acosta, Deceased; et Jesus ACOSTA, Individually and as Representative of the Estate of Maria Acosta, Deceased; et al., Appellees From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-16420 Honorable John D. Gabriel, Jr., Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: July 15, 2015 MOTION TO DISMISS GRANTED; APPEAL DISMISSED On November 25, 2013, this court granted appellant’s motion to stay the underlying proceedings at the trial court level in trial cause number 2012-CI-16420. On March 4, 2014, this court granted appellant’s motion to abate this appeal because one of the issues presented in the appeal was the same issue pending in petitions for review filed in Williamsburg Care Co. L.P. v. Acosta, 406 S.W.3d 711 (Tex. App.—San Antonio 2013, pet. filed), Fredericksburg Care Co. L.P. v. Lira, 407 S.W.3d 810 (Tex. App.—San Antonio 2013, pet. filed), and Fredericksburg Care Co. L.P. v. Perez, 406 S.W.3d 313 (Tex. App.—San Antonio 2013, pet. filed). Our order stated that, 04-13-00823-CV for administrative purposes, this appeal would be treated as a closed case, unless and until appellant filed a motion requesting its reinstatement following the Texas Supreme Court’s resolution of the issue. On March 6, 2015, the Texas Supreme Court decided the issues raised in Acosta, Lira, and Perez. On July 1, 2015, the parties filed an “Agreed, Joint Motion to Reinstate, to Lift Stay, and to Dismiss Appeal.” The motion is GRANTED, this court’s stay of proceedings in trial cause number 2012-CI- 16420 is lifted, this appeal is reinstated on the docket of this court, and this appeal is dismissed. PER CURIAM -2-