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NO. 04-14-00473-CV

IN THE 

FOURTH COURT OF APPEALS 

AT SAN ANTONIO, TEXAS 

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 

AGREED 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

CLERK

FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 11/12/2015 2:48:44 PM KEITH E. HOTTLE Clerk
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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 September 23, 2015, this Court 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 settlement agreement regarding the underlying 

dispute in this appeal. Under the terms of the settlement, 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. 

PRAYER
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Accordingly, Appellant Arc Parklane, Inc. D/B/A Parklane 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@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

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 Antonio, Texas 78205

Telephone: (210) 212-8000

Facsimile: (210) 212-8385
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Attorneys for Appellees

CERTIFICATE OF SERVICE

This is to certify that on the 11th day of November 2015 a copy of this 

motion 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