University of Incarnate Word and Christopher Carter v. Valerie Redus, Individually, and Robert M. Redus, Individually and as Administrator of the Estate of Robert Cameron Redus

ACCEPTED 04-15-00120-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 6/12/2015 3:11:01 PM KEITH HOTTLE CLERK NO. 04-15-00120-CV FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS IN THE FOURTH COURT OF APPEALS06/12/15 3:11:01 PM OF THE STATE OF TEXAS KEITH E. HOTTLE Clerk UNIVERSITY OF THE INCARNATE WORD, Defendant — Appellant, V. VALERIE REDUS, ET AL., Plaintiffs — Appellees. APPEAL FROM 150TH JUDICIAL DISTRICT COURT OF BEXAR COUNTY, TEXAS APPELLANT'S ADVISORY REGARDING NEW LEGAL AUTHORITY RELEVANT TO THE APPEAL TO THE HONORABLE COURT OF APPEALS: Appellant, University of the Incarnate Word ("UIW"), Defendant in the underlying cause of action, respectfully files this Advisory to apprise the Court of a new 1St Court of Appeals decision relevant to Appellant's Interlocutory Appeal and the Motion to Dismiss filed by Appellee. In support thereof, UIW would show this Court: Attached as Exhibit #1 is the Opinion of the Court of Appeals of Texas, First District, Houston, issued June 4, 2015 in the matter of William Marsh Rice Univ. v. Thomas, No. 01-14-00908-CV, 2015 Tex. App. LEXIS 5661 (Tex. App. — Houston [1st Dist.] 2015). PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant UIW respectfully asks the Court to Grant its Plea to the Jurisdiction and Motion to Dismiss, and dismiss all claims and causes of action pleaded by Plaintiffs against UIW and Cpl. Carter and for such other legal and equitable relief to which Appellant may be entitled. Respectfully submitted, BEIRNE, MAYNARD & PARSONS, L.L.P. The Weston Centre 112 East Pecan Street, Suite 2750 San Antonio, TX 78205 (210) 582-0220 - Telephone 210) 582-0231 — Facsimile By: /s/ Laurence S. Kurth Laurence S. Kurth State Bar No. 11768450 E-mail — lkurthgbmp lip .com Matthew F. Wymer State Bar No. 24005234 E-mail — mwymer q.,bmpllp.com ATTORNEYS FOR DEFENDANT THE UNIVERSITY OF THE INCARNATE WORD CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been forwarded to the following counsel of record in accordance with the Texas Rules of Civil Procedure this 12th day of June, 2015: Brent C. Perry Law Office of Brent C. Perry, PC 800 Commerce Street Houston, TX 77002 brentperry@brentperrylaw.com Mason W. Herring Herring Law Firm 4640 Banning Drive Houston, TX 77027 mhening@herringlawfinn.corn Jorge Herrera Herrera Law Firm 111 Soledad, Suite 1900 San Antonio, TX 78205 jherrera@herreralaw.corn Robert A. Valadez Javier T. Duran Shelton & Valadez 600 Navarro Street, Suite 500 San Antonio, TX 78205 rvaladez@shelton-valadez.corn jduran@shelton-valadez.com /s/ Laurence S. Kurth Laurence S. Kurth