ACCEPTED
04-15-00127-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
7/31/2015 3:31:16 PM
KEITH HOTTLE
CLERK
MOOR1VIAN TATE HALEY UPCHURCH & YATES, LLP
ATTORNEYS AT LAW FILED IN
R. HAL MOORMAN*t 207 EAST MAIN STREET 4th COURTBOARDOF APPEALS
CERTIFIED
STEVEN C. HALEY BRENHAM, TEXAS 77833 SAN
*ESTATE ANTONIO,
PLANNING TEXAS
& PROBATE LAW
tCIVIL TRIAL LAW
LAURA UPCHURCH P.O. BOX 1808
WENDY YATES* 07/31/15
TEXAS BOARD 3:31:16
OF LEGAL PM
SPECIALIZATION
BRENHAM, TEXAS 77834-1808
(979) 836-5664 KEITH
GEORGE E. HOTTLE
R. MOORMAN (1919-2011)
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TATE, JR. (RETIRED)
CHRISTOPHER S. HARDY www.moormantate.com
July 31, 2015
Fourth Court of Appeals
Cadena-Reeves Justice Center
300 Dolorosa, Ste. 3200
San Antonio, Texas 78205-3037
RE: El Caballero Ranch, Inc. and Laredo Marine, L.L.C. v. Grace River Ranch,
LLC; No. 04-15-00127CV, 4th Judicial District, San Antonio, Texas
Dear Justices of the Fourth Court of Appeals:
By way of supplement of the Brief of Appellee filed herein, Grace River Ranch,
LLC (Grace River) provides the following additional argument:
La Salle County No Longer a Party to the Suit Below
With No Pending Affirmative Claims
Appellants, by their Brief, stated that La Salle County was a party to the
proceeding below and had filed an affirmative pleading asserting it was improper
for the trial court to enter a Partial Summary Judgment that the disputed road was a
public road (Appellants Brief at 27). Although not indicated by Appellants' Brief,
La Salle County filed below its Plea to the Jurisdiction claiming that the county was
immune from Appellants' third party claim on the basis of sovereign immunity. That
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July 31, 2015
Page 2
Plea to the Jurisdiction was recently granted by the trial court on July 27, 2015.
Order — Plea to the Jurisdiction dated July 27, 2015 [Exhibit A].' La Salle County
is no longer a party to the suit below. La Salle County no longer has any pending
affirmative e aim seeking ny modification of the Partial Summary Judgment.
Sincerely,
STEVEN C. HALEY
SCH:mb
Enclosures
CC: Annalyn G. Smith
Schmoyer Reinhard, LLP
17806 I-10W, Ste. 400
San Antonio, Texas 78257
E-mail: asmith@ar-11p.com
Kimberly S. Keller
Keller Stolarczyk PLLC
234 West Bandera Road, No. 120
Boerne, Texas 78006
E-mail: kim@kellsto.com
1Grace River has requested the La Salle County District Clerk's Office to supplement the
Appellate Record as soon as possible with a copy of this recent Order — Plea to the Jurisdiction.
{18705.43065-00395933.DOCX}
July 31, 2015
Page 3
Donato Ramos, Jr.
Law Offices of Donato D. Ramos, P.L.L.C.
Texas Community Bank Building
6721 McPherson, Suite 350
Laredo, Texas 78041
E-mail: donatoramosjr@ddrlex.corn
{18705.43065-00395933.DOCX}
EXHIBIT A
SUAN t
CAUSE NO. 13-04-00108-CVL
GRACE RIVER RANCH, LLC IN THE DISTRICT COURT
V.
EL CABALLERO RANCH, INC. A/K/A
EL CABALLERO, LLC AND LAREDO 218th JUDICIAL DISTRICT
MARINE, L.L.C.
V.
COUNTY OF LA SALLE LASALLE COUNTY, 'IOAS
ORDER PLEA TO THE JURISDICTION
—
On April 1, 2015, came on for hearing the Plea to the Jurisdiction filed herein by Third Party
Defendant COUNTY OF LA SALLE ("La Salle County"). Plaintiff GRACE RIVER RANCH,
LLC, Defendants/Third Party Plaintiffs EL CABALLERO RANCH, INC. a/k/a EL
CABALLERO, LLC and LAREDO MARINE, LLC, (collectively "El Caballero"), and Third
Party Defendant La Salle County each appeared by and through counsel.
The Court having considered the pleadings, arguments and evidence presented, SUSTAINS
the Plea to the Jurisdiction. All claims for relief of El Caballero against La Salle County are
dismissed.
Rendered and Signed July 27, 2015.
Judge Presiding
u ITA A. ESQU-
UNTY & DISTRICT G.' ,Alt
LA SALLE GOUNTIC TEXAS'
DEPUTY
VOL. 101PAGE 2
El Caballero Ranch, Inc. A/K/A El Caballero, LLC and Laredo Marine, LLC v. Grace River Ranch, LLC
Combined Opinion