1 NO

. 04 -14- 00 47 3- CV

I N THE FOURTH COURT OF APPEALS AT SAN ANTONIO, TEXAS

A RC 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

A GREED JOINT MOTION TO DISMISS INTERLOCUTORY APPEAL

TO THE HONORABLE FOURTH COURT OF APPEALS:

The parties to this appeal, through their undersigned counsel of record, file

this Agreed Joint Motion to Dismiss Interlocutory Appeal and respectfully show

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, ACCEPTED 04-14-00473-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/11/2015 2:48:44 PM KEITH HOTTLE CLERK2

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 T EX

. C IV

. P RAC

. & R EM

. C ODE § 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 September 23, 2015, this Cou rt entered an order abating the present

interlocutory appeal so that the parties could mediate their dispute, and further

ordered appellant to either file its brief or a motion disposing of the appeal by

November 11, 2015.

The parties have reached a s ettlement agreement regarding the underlying

dispute in this appeal. Under the terms of the sett lement, various actions need to

be taken in the trial court. Therefore, pursuant to Texas Rule of Appellate

Procedure 42.1, appellant and appellees jointly request the Court dismiss this

appeal.

PRAYER3

Accordingly, Appellant Arc Parklane, Inc. D/B/A Pa rklane West Healthcare

Center and Appellees Belen Betts, Individually, and as Executrix of the Estate of

Delbert Betts, Deceased, and Shirle Betts and Dana Gibson, Individually jointly

ask this Court to dismiss the appeal

.
Respectfully submitted,

BY: /s/ Lorien Whyte Lorien Whyte

R. Barry Brin State Bar No. 00792371 bbrin@brinandbrin.com Lorien Whyte State Bar No. 24042440 lwhyte@brinandb rin.com Brin & Brin, P.C. 6223 IH 10 West San Antonio, Texas 78201 (210) 341

- 9711 telephone (210) 341

- 1854 facsimile A ttorneys for Appellant

BY: /s/ Gavin McInnis Gavin McInnis

Gavin McInnis Texas Bar No. 13679800 gavin@marynellmaloneylawfirm.com Marynell Maloney Texas Bar No. 12883200 marynell@marynellmaloneylawfirm.com 115 E. Travis, Suite 1800 San An tonio, Texas 78205 Telephone: (210) 212

- 8000 Facsimile: (210) 212

- 83854 Attorneys for Appellees

CERTIFICATE OF SERVICE

This is to certify that on the 11th day of November 201 5 a copy of this motion was served pursuant to the Texas Rule of Appell ate Procedure 9.5 upon the following counsel:

Marynell Maloney Gavin McI nnis 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