the Fredericksburg Care Company L.P., D/B/A Princeton Place Rehabilitation and Healthcare Medical Center v. Janie Rodriguez, Individually and as Representative of the Estate of Benita Ybarra, Arnulfo C. Ybarra, Jr., Individually, Irma C. Jennings, Individually, and Arnulfo N. Ybarra, Individually
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The Fredericksburg Care Janie Rodriguez, Individually
Company L.P., d/b/a Princeton and as Representative of the
Place Rehabilitation and
Healthcare Medical
CenterAppellant/s
Fourth Court of Appeals
San Antonio, Texas
March 4, 2014
No. 04-13-00819-CV
THE FREDERICKSBURG CARE COMPANY L.P., d/b/a Princeton Place Rehabilitation and
Healthcare Medical Center,
Appellant
v.
Janie RODRIGUEZ, Individually and as Representative of the Estate of Benita Ybarra,
Deceased, Arnulfo C. Ybarra, Jr., Individually, Irma C. Jennings, Individually, and Arnulfo N.
Ybarra, Individually,
Appellees
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-08982
Honorable John D. Gabriel, Jr., Judge Presiding
ORDER
On February 7, 2014, Appellant filed a motion to abate this appeal because one of the
issues presented in this appeal is 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).
This court has considered Appellant’s motion, Appellees’ response, and Appellant’s reply
to Appellees’ response. In light of the pending higher court review of the precedent previously
established by this court, the court has determined that abating this appeal pending the Texas
Supreme Court’s resolution of the issue will likely achieve the greatest judicial efficiency.
Accordingly, Appellant’s motion to abate is GRANTED.
For administrative purposes, this appeal will be treated as a closed case, unless and until
Appellant files a motion requesting its reinstatement following the Texas Supreme Court’s
resolution of the issue.poa
_________________________________
Patricia O. Alvarez, Justice
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 4th day of March, 2014.
___________________________________
Keith E. Hottle
Clerk of Court