ACCEPTED
01-15-00552-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/18/2015 8:46:09 AM
CHRISTOPHER PRINE
CLERK
NO. 01·15-00552-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE 9/18/2015 8:46:09 AM
FIRST DISTRICT OF TEXAS CHRISTOPHER A. PRINE
Clerk
JOSUE ORELLANA AND MERLIN CAROLINA BACA RUBIO, INDIVIDUALLY AND
AS REPRESENTATIVES OF THE ESTATE OF JONATHAN JOSUE ORELLANA
BACA, DECEASED, Appellants
v.
WESTHEIMER TERRACE APARTMENTS MANAGEMENT, L.L.C. AND
WESTHEIMER TERRACE APARTMENTS, L.L.C., Appellees
JOINT MOTION FOR DISMISSAL OF APPEAL WITH PREJUDICE
TO THE HONORABLE FIRST COURT OF APPPEALS:
Pursuant to Rule 42.1 (a) of the Texas Rules of Appellate Procedure, Josue
Orellana and Merlin Carolina Baca Rubio, Individually and as Representatives of the
Estate of Jonathan Josue Orellana Baca, Deceased, the Appellants in the above
mentioned appeal, and Westheimer Terrace Apartments Management, L.L.C. and
Westheimer Terrace Apartments, L.L.C., the Appellees in the above appeal, through
their attorneys of record, file this Joint Motion for Dismissal With Prejudice, and
respectfully show the court the following:
1. On June 17, 2015, Appellants Josue Orellana and Merlin Carolina Baca Rubio,
Individually and as Representatives of the Estate of Jonathan Orellana Baca,
Deceased, the Plaintiffs, filed a notice appeal from the judgment of the trial court
granting Westheimer Terrace Apartments Management L.L.C. and Westheimer Terrace
Joint Motion for Dismissal With Prejudice 1
Apartments, L.L.C.'s, the Defendants, Motion for Summary Judgment, entered on April
10, 2015.
2. On August 11, 2015 this Court ordered Appellants and Appel lees to mediation for
resolution of this matter.
3. The mediation took place on September 8, 2015.
4. The parties assert that they have reached a compromise at mediation, and thus
the need for further appellate proceedings is no longer necessary.
5. On September 17, 2015, counsel for both Appellants and Appellees conferred
and both join in this motion.
WHEREFORE, the parties request that this Court dismiss the above appeal, with
prejudice to the parties' rights in any subsequent appeal, if any.
Respectfully submitted,
HILLIARD MUNOZ GONZALES LLP
By :
State Bar No. 09677700
bobh@hmglawfirm.com
Rudy Gonzales, Jr.
State Bar No. 08121700
rudyg@hmglawfirm.com
Catherine D. Tobin
State Bar No. 24013642
Catherine@hmglawfirm.com
John B. Martinez
State Bar No. 24010212
john@hmglawfirm.com
Marion M. Reilly
State Bar No. 24079195
marion@hmglawfirm.com
Joint Motion for Dismissal With Prejudice 2
Todd A. Hunter Jr.
State Bar No. 24087774
todd@hmglawfirm.com
719 S. Shoreline Boulevard, Suite 500
Corpus Christi, Texas 78401
Telephone No.: (361) 882-1612
Facsimile No.: (361) 882.3015
ATTORNEYS FOR PLAINTIFF
Certificate of Conference
As required by Texas Rule of Appellate Procedure 10.1 (a)(5) , I certify that I have
conferred, or made a reasonable attempt to confer, with all other parties which are listed
below about the merits of this motion with the following results:
Bianca Cedrone:
1. opposes motion
A does not oppose motion
~ agrees with motion
4 . would not say whether motion is opposed
5. did not return my message regarding the motion
Date I
CERTIFICATE OF SERVICE
As required by Texas Rules of Appellate Procedure 6.3 and 9.5(b), (d) (c), I
certify that l ~....
ave served this document on all parties that are listed below on
September H, 2015 as follows:
Via Electronic Fi/ingService to:
wbdaw@dawray.com ;
bcedrone@dawray.com
Joint Motion for Dismissal With Prejudice 3
Willie Ben Daw, Ill
Bianca Cedrone
Daw & Ray, LLP
5718 Westheimer , Suite 1750
Houston, Texas 77057
Joint Motion for Dismissal With Prejudice 4