ACCEPTED
04-15-00548-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/21/2015 5:20:57 PM
KEITH HOTTLE
CLERK
CAUSE NO. 04-15-00548-CV
IN THE COURT OF APPEALS FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
FOURTH COURT OF APPEALS DISTRICT
9/21/2015 5:20:57 PM
SAN ANTONIO, TEXAS KEITH E. HOTTLE
Clerk
RUFINA REYES YANEZ,
Appellant
vs.
AMERICAN GENERAL LIFE INSURANCE COMPANY,
Appellee
Trial Court No. 2014CVF000504-D3
341ST DISTRICT COURT OF WEBB COUNTY, TEXAS
NOTICE OF COURT TO ABATE THE APPELLATE PROCEDURE ON
THIS CASE
TO THE HONORABLE COURT OF APPEALS:
1. On June 12, 2015, the undersigned counsel for this case filed
Supplemental Plaintiff’s Motion To Set Aside the May 13, 2015, Order Granting
Defendant’s Traditional Motion For Summary Judgment and in the Alternative
Motion for New Trial on the trial.
2. The Court had a hearing and the court denied to set aside the Motion
For Summary Judgment. The Court did not address the Motion For New Trial.
3. The Motion for New Trial will lapse by operation of law sometime in
early October 2015.
Page | 1
4. Undersigned counsel is of the opinion that the Court of original
jurisdiction must make a ruling on the Motion For New Trial before this Court is
ripe for appeal.
5. Undersigned counsel prays that this case be abated until the lower
court rules on the Motion For New Trial or lapses by operation of law.
6. PRAYER. Wherefore premises considered undersigned counsel
(Appellant) request this Court abate this Appeal until the court of original
jurisdiction rules on the Motion For New Trial.
Respectfully submitted,
/s/ Armando Treviño
ARMANDO TREVINO
State Bar No. 20211100
1519 Washington St., Suite One
Laredo, Texas 78040
Tel (956) 726-1638
Email: armandotrevinolaw@gmail.com
Attorney for Appellant
CERTIFICATE OF SERVICE
I certify that on September 21, 2015, I served a copy of the foregoing Jason A.
Richardson, at Edison, McDowell & Hetherington, LLP, 3200 Southwest Freeway,
Suite 2100, Houston, Texas 77027, jason.richardson@emhllp.com.
/s/ Armando Treviño
ARMANDO TREVINO
Page | 2
Rufina Reyes Yanez v. American General Life Insurance Company
Combined Opinion