ACCEPTED
04-15-00307-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
8/17/2015 5:24:28 PM
KEITH HOTTLE
CLERK
NO. 04-15-00307-CV
IN THE COURT OF APPEALS FILED IN
4th COURT OF APPEALS
FOURTH COURT OF APPEALS DISTRICTSAN ANTONIO, TEXAS
SAN ANTONIO, TEXAS 8/17/2015 5:24:28 PM
KEITH E. HOTTLE
*** Clerk
AUTOZONE, INC., AND AUTOZONERS, L.L.C.,
Appellants
V.
MARIO FLORES,
Appellee
***
UNOPPOSED MOTION TO DISMISS APPEAL
***
TO THE HONORABLE JUSTICES OF SAID COURT:
COME NOW, AUTOZONE, INC. AND AUTOZONERS, L.L.C.,
Appellants, who file this Unopposed Motion to Dismiss Appeal and, in support
thereof, would respectfully show unto the Court the following:
I.
On January 14, 2015, Appellee Mario Flores filed suit against AutoZone,
Inc. and AutoZoners, L.L.C., alleging negligence and seeking monetary relief.
(CR 9-16, 26) The Defendants answered and, shortly thereafter, filed a Motion to
Compel Arbitration, seeking enforcement of the arbitration provisions contained
within the subject plan. (CR 28-31, 72-143) Appellee Flores opposed the motion
to compel; Appellants replied; and the trial court held a hearing on April 13, 2015.
(CR 144, 145-60, 161-202; RR) On April 27, 2015, the trial court signed an Order
denying “Defendants’ Motion to Compel/Enforce Arbitration.” (CR 294) The
Appellants then timely perfected an interlocutory appeal pursuant to section 51.016
of the Texas Civil Practice and Remedies Code. (CR 299-300, 307-09)
Following the filing of the clerk’s and the reporter’s records, Appellants
filed their Brief of Appellants on June 23, 2015. Thereafter, Appellants and
Appellee reached an agreement regarding the issues involved in this interlocutory
appeal as evidenced by the Agreed Order Compelling Arbitration and Staying
Proceedings signed by the trial court on August 14, 2015. (See Agreed Order
Compelling Arbitration and Staying Proceedings, a copy of which is attached
hereto as Exhibit “A”) As a result, Appellants now move to dismiss this appeal
without reference to its merits, with appellate court costs to be borne by the party
incurring same. TEX. R. APP. P. 42.1(a)(1); TEX. R. APP. P. 42.1(d).
II.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellants AutoZone, Inc. and
AutoZoners, L.L.C. respectfully request that this Court grant their Unopposed
Motion to Dismiss Appeal, that the Court dismiss this appeal without reference to
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its merits, and that the Court assess appellate court costs against the party incurring
same.
Respectfully submitted,
BRETT REYNOLDS & ASSOCIATES, P.C. THE LAW OFFICE OF
Brett T. Reynolds JACQUELINE M. STROH, P.C.
State Bar No. 16795500 Jacqueline M. Stroh
btreynolds@btrlaw.com State Bar No. 00791747
1250 N.E. Loop 410, Suite 420 jackie@strohappellate.com
San Antonio, Texas 78209 10101 Reunion Place, Suite 600
(210) 805-9799 San Antonio, Texas 78216
(210) 805-9654 (telecopier) (210) 477-7416
(210) 477-7466 (telecopier)
By: /s/ Jacqueline M. Stroh
Jacqueline M. Stroh
ATTORNEYS FOR APPELLANTS
AUTOZONE, INC. AND AUTOZONERS, L.L.C.
CERTIFICATE OF CONFERENCE
Appellants have conferred with counsel for Appellee regarding this motion,
and counsel for Appellee has stated that the Appellee is unopposed to this motion.
/s/ Jacqueline M. Stroh
Jacqueline M. Stroh
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing motion was on the 17th day of
August, 2015, served by in accordance with the Texas Rules of Appellate
Procedure on the following counsel of record:
Jaime M. Lynn
jlynn@carlsonattorneys.com
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Kiara Martinez
kmartinez@carlsonattorneys.com
THE CARLSON LAW FIRM, P.C.
11606 North Interstate Highway 35
Austin, Texas 78753
-and-
400 West Jasper Road
Killeen, Texas 76542
Attorneys for Appellee
/s/ Jacqueline M. Stroh
Jacqueline M. Stroh
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Filed: 8/14/2015 8:28:00 AM
Eloy R. Garcia, District Clerk
Starr County, Texas
Angelica Reyes