ARC Parklane, Inc. D/B/A Parklane West Healthcare Center v. Belen Betts, Individually, and as of the Estate of Delbert Betts, and Shirle Betts, and Dana Gibson
ACCEPTED
04-14-00473-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
8/19/2015 11:40:45 AM
KEITH HOTTLE
CLERK
NO. 04-14-00473-CV
FILED IN
4th COURT OF APPEALS
IN THE SAN ANTONIO, TEXAS
FOURTH COURT OF APPEALS 08/19/2015 11:40:45 AM
AT SAN ANTONIO, TEXAS KEITH E. HOTTLE
Clerk
ARC PARKLANE, INC., D/B/A PARKLANE WEST HEALTHCARE
CENTER,
Appellant
v.
BELEN BETTS, INDIVIDUALLY, AND AS EXECUTRIX OF THE
ESTATE OF DELBERT BETTS, DECEASED, AND SHIRLE BETTS AND
DANA GIBSON, INDIVIDUALLY,
Appellees
UNOPPOSED MOTION TO ABATE INTERLOCUTORY APPEAL FOR
MEDIATION
R. Barry Brin
State Bar No. 00792371
bbrin@brinandbrin.com
Lorien Whyte
State Bar No. 24042440
lwhyte@brinandbrin.com
Brin & Brin, P.C.
6223 IH 10 West
San Antonio, Texas 78201
(210) 341-9711 telephone
(210) 341-1854 facsimile
ATTORNEYS FOR APPELLANT ARC PARKLANE, INC., D/B/A
PARKLANE WEST HEALTHCARE CENTER
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TO THE HONORABLE FOURTH COURT OF APPEALS:
Appellant Arc Parklane, Inc. D/B/A Parklane West Healthcare Center files
this Unopposed Motion to Abate Interlocutory Appeal for Mediation and
respectfully shows the following:
INTRODUCTION
The present interlocutory appeal was filed by Arc Parklane, Inc. D/B/A
Parklane West Healthcare Center (“appellant”). Appellees are Belen Betts,
Individually, and as Executrix of the Estate of Delbert Betts, Deceased, and Shirle
Betts and Dana Gibson, Individually. This suit is before this Court on appeal from
the following trial court order:
Order: Defendant’s Motions to Compel Arbitration (signed by the trial
court on June 13, 2014 in Cause Number 2013-CI-17605).
This interlocutory appeal was filed pursuant to Section 51.016 of the Civil Practice
and Remedies Code. See TEX. CIV. PRAC. & REM. CODE § 51.016 (authorizing an
interlocutory appeal from an order denying a motion to compel arbitration under
the Federal Arbitration Act). Also pending before this Court is related Cause
Number 04-14-00472-CV.
On July 1, 2015, this Court reinstated the present interlocutory appeal
following an abatement pending the outcome of three proceedings before the
Texas Supreme Court. Williamsburg Care Co. L.P. v. Acosta, No. 13-0576, 2015
WL 1029779 (Tex. Mar. 6, 2015) (per curiam); Fredericksburg Care Co. L.P. v.
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Lira, No. 13-0577, 2015 WL 1026224 (Tex. Mar. 6, 2015) (per curiam);
Fredericksburg Care Co. L.P. v. Perez, 13-0573, 2015 WL 1035343 (Tex. Mar. 6,
2015).
Appellant’s brief is currently due to be filed on Thursday, August 20, 2015.
The parties have been diligently working to set a mediation date and have agreed
to mediate the underlying dispute on September 24, 2015 along with the
underlying dispute in Cause Number 04-14-00472-CV. Accordingly, appellant
asks this Court to abate the interlocutory appeal until October 8, 2015 to allow the
parties time to mediate the dispute and subsequently file either a motion to dismiss
the interlocutory appeal if the parties reach an agreement or a status update to the
Court. This request is unopposed.
PRAYER
Accordingly, Arc Parklane, Inc. D/B/A Parklane West Healthcare Center
asks this Court to grant the Motion to Abate the Interlocutory Appeal for
Mediation and abate the present appeal until October 8, 2015.
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Respectfully submitted,
R. Barry Brin
State Bar No. 00792371
bbrin@brinandbrin.com
Lorien Whyte
State Bar No. 24042440
lwhyte@brinandbrin.com
Brin & Brin, P.C.
6223 IH 10 West
San Antonio, Texas 78201
(210) 341-9711 telephone
(210) 341-1854 facsimile
BY: /s/ Lorien Whyte
Lorien Whyte
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CERTIFICATE OF CONFERENCE
I certify that I have conferred with Gavin McInnis and he responded that he
is unopposed to this Motion to Abate Interlocutory Appeal for Mediation.
/s/ Lorien Whyte
CERTIFICATE OF SERVICE
This is to certify that on the 19th day of August 2015 a copy of the
Unopposed Motion to Abate Interlocutory Appeal for Mediation was served
pursuant to the Texas Rule of Appellate Procedure 9.5 upon the following counsel:
Marynell Maloney
Gavin McInnis
Marynell Maloney Law Firm,
P.L.L.C.
115 East Travis Street, Suite 1800
San Antonio, Texas 78205
(210) 212-8000 Phone
(210) 212-8385 Fax
/s/ Lorien Whyte
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