City of Carrizo Springs and Adrian DeLeon, Individually and as Mayor of the City of Carrizo Springs v. Isabel Cumpian, Bill Martin, Alfredo Z. Padilla, Individually and on Behalf of the Carrizo Springs Housing Authority

ACCEPTED
04-14-00821-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
2/10/2015 4:12:23 PM
KEITH HOTTLE
CLERK

CAUSE NO. 04-14-00821-CV

FILED IN
4th COURT OF APPEALS
IN THE COURT OF APPEALS SAN ANTONIO, TEXAS
FOR THE FOURTH JUDICIAL DISTRICT02/10/2015 4:12:23 PM
SAN ANTONIO, TEXAS KEITH E. HOTTLE
Clerk

CITY OF CARRIZO SPRINGS AND ADRIAN DELEON,
INDIVIDUALLY AND AS MAYOR OF THE CITY OF CARRIZO
SPRINGS,

Appellants

v.

ISABEL CUMPIAN, BILL MARTIN AND ALFREDO Z.
PADILLA, INDIVIDUALLY AND ON BEHALF OF THE CARRIZO
SPRINGS HOUSING AUTHORITY

Appellees.

On appeal from Cause 14-09-12375-DCV AJA
In the 365rd Judicial District Court
Of Dimmit County, Texas

APPELLANTS’ ADVISORY TO THE COURT

TO THE HONORABLE CLERK AND JUSTICES OF THE FOURTH
COURT OF APPEALS:

COMES NOW APPELLANTS, CITY OF CARRIZO SPRINGS AND

ADRIAN DELEON, INDIVIDUALLY AND AS MAYOR OF THE CITY OF

CARRIZO SPRINGS, TEXAS, by and through their undersigned counsel of
record and, in accordance with the Texas Rules of Appellate Procedure, files this,

their Advisory to the Court. For cause of action, Appellants would show unto the

Court the following:

I.

On January 26, 2015, the Court granted the Parties’ Motion to Abate and

directed the Appellants to file a status report on or before February 10, 2015.

Consistent with that Order, Appellants report that the Parties retained the

Honorable Rene Diaz as mediator and conducted a full-day mediation on February

6, 2015. The Parties entered into a preliminary written agreement voluntarily

compromising all pending trial court and appellate claims by and between all

Parties of record.

Because the City of Carrizo Springs and the Carrizo Springs Housing

Authority are governmental entities, final approval of the written mediation

agreement must be obtained from the City Council and Board of Commissioners,

respectively. The attorneys of record anticipate presenting the written agreements

to the Council and Commission for formal approval within fourteen (14) days.

The attorneys of record will also request that the trial court dissolve all pending

restraining orders and injunctions as agreed.

As such, Appellants, with the agreement of Appellees, respectfully request

that the Court extend its Order of Abatement for an additional twenty-one (21)

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days so that the Parties can obtain final approval of the mediated settlement

agreement. This request is submitted, not for undue delay, but so that justice may

be done.

WHEREFORE, PREMISES CONSIDERED, APPELLANTS, CITY OF

CARRIZO SPRINGS AND ADRIAN DELEON, INDIVIDUALLY AND AS

MAYOR OF THE CITY OF CARRIZO respectfully pray that the Court take

notice of their Advisory to the Court and grant them further relief, either at law or

in equity, to which they may be justly entitled.

Respectfully submitted,

SÁNCHEZ & WILSON, P.L.L.C.
MARK ANTHONY SÁNCHEZ, ESQ.
ALBERT ESCOBEDO TOVAR, ESQ.
115 East Travis, 19th Floor
San Antonio, Texas 78205
(210) 222-8899
(210) 222-9526 (Telecopier)

By: /s/ Mark Anthony Sánchez .

MARK ANTHONY SÁNCHEZ, ESQ.
TEXAS BAR NO. 00795857
ALBERT ESCOBEDO TOVAR, ESQ.
TEXAS BAR NO. 24013648

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 CERTIFICATE OF CONFERENCE

The undersigned counsel hereby certifies that he conferred with counsel for
Appellees, Mr. Robert “Bobby” Maldonado, Esq., who is unopposed to
Appellants’ Advisory to the Court.

/s/ Mark Anthony Sánchez .

MARK ANTHONY SÁNCHEZ, ESQ.

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above
and foregoing Appellants’ Advisory to the Court has been delivered via E-File
Notification, on this the 10th day of February 2015, to Jose Garza, Esq., Texas Rio
Grande Legal Aid, 1111 North Main Avenue, San Antonio, Texas 78212-4713;
Roberto Maldonado, Esq., Bobby Maldonado, P.C., 924 McCullough Avenue, San
Antonio, Texas 78215-1642; and via hand delivery to Honorable Rene Diaz, The
Diaz Law Firm, PLLC, 115 East Travis, Suite 333, San Antonio, Texas 78205.

/s/ Mark Anthony Sánchez .

MARK ANTHONY SÁNCHEZ, ESQ.

G:\My Files\1-Sanchez\City of Carrizo Springs\COCS v. HACS\Pleadings\Motion - Advisory1.doc

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