ACCEPTED
03-15-00653-CV
7756408
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/10/2015 9:14:43 AM
JEFFREY D. KYLE
CLERK
CAUSE NO. 29,504 RECEIVED IN
3rd COURT OF APPEALS
JERRY HAYWOOD, LILLIE PIPER, § AUSTIN,
IN THE DISTRICT COURT OFTEXAS
GENEVA McMARION, HULISHER § 11/10/2015 9:14:43 AM
HAYWOOD, JAMES HAYWOOD, § JEFFREY D. KYLE
DOROTHY HAYWOOD-DOCKERY, § Clerk
INDIVIDUALLY AND AS §
REPRESENTATIVES OF THE §
ESTATE OF MARGARET §
HAYWOOD, DECEASED § BASTROP COUNTY, TEXAS
§
VS. §
§
REGENCY NURSING CENTER §
PARTNERS OF BASTROP, LTD. §
d/b/a BASTROP LOST PINES §
NURSING AND REHABILITATION §
CENTER § 2JST JUDICIAL DISTRICT
DEFEND AT'S MOTION TO ENTER SUPERSEDEAS BOND
Whereas. on July 29, 2015, the District Court signed a Final Judgment awarding
Plaintiffs damages and other relief against Defendant; and whereas Defendant on October 13.
2015 tiled its Notice of Appeal advising this District Clerk and Court that it intends to appeal
the Final .Judgment and to supersede it during appeal;
Therefore, Defendant. as principal. and Liberty Mutual Insurance Company. a
corporation. as surety (on the entire amount herein), acknowledge themselves bound to pay
Plaintills in the amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250.000.00) if
either of the following conditions is met as to Defendant: (a) the Defendant does not perfect an
appeal or the appeal it perfects is dismissed, and the Defendant does not perform the Final
Judgment; or (b) the Defendant does not perform the Final Judgment, as affirmed or modified.
if when it is made final on appeal but in no event shall the liability of the surety exceed the
penal sum of this bond . (See attached Exhibit ·'A")
Wherefore premises considered, Defendant respectfully requests that the District Clerk
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Certify her Approval of this bond and present to the District Judge for his approvaL and '"'_... "___
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and all further relieve that this Defendant may show itself entitled to either at law or at equity.
Respectfully submitted,
1
Paul J. Swacina 7
State Bar No . 19542700
Tyler Granger
State Bar No. 24072949
Law Office of Paul J. Swacina, LLC
One O' Connor Plaza
101 West Goodwin, Suite 600
Victoria, Texas 77901
(36 I )580-2400
(36 I )580-2402 Fax
pswacina@regencyhealthcare.com
tgranger@regency health care.com
ATTORNEYS FOR REGENCY NURSING
CENTER PARTNERS OF BASTROP, Ltd. d/b/a
BASTROP LOST PINES NURSING AND
REHABILITATION CENTER
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document has been either
transmitted by electronic service, facsimile, or sent via US Mail, Certified Mail, Return
Receipt Requested, on this the 3u"t!:-day of October, 2015, to the following:
VIA FACSIMILLE (512) 481-0130
Jack Modesett, III
Modesett Williams, PLLC
515 Congress Avenue, Suite 1650
Austin, TX 78701
Paul J. S'wacina '
CLERK'S CERTIFICATE OF APPROVAL OF SUPERSEDEAS BOND
· At( }l : i!EII'l()f"t?..
Approved this :J day of0e!6bCT, 2015:
BASTROP COUNTY DISTRICT CLERK
Regency Nursing Center Partners of Bastrop, Ltd. D/B/A Bastrop Lost Pines Nursing and Rehabilitation Center, (BLP) v. Jerry Haywood Lillie Piper Geneva McMarion Hulisher Haywood James Haywood And Dorothy Haywood-Dockery, Individually and as Representatives of the Estate of Margaret Haywood
Combined Opinion