NO. 04-15-00049-CV

IN THE COURT OF APPEALS

FOURTH COURT OF APPEALS DISTRICT

SAN ANTONIO, TEXAS

MORNINGSIDE MINISTRIES, D/B/A MORNINGSIDE MINISTRIES AT THE MANOR 

AND THE MORNINGSIDE MINISTRIES FOUNDATION,INC., 

 Appellants

vs.

ROSA LEE RODRIGUEZ, AS NEXT FRIEND OF FLORA MENDEZ, 

 Appellee

On Appeal from the 166th Judicial District Court

Bexar County, Texas

The Hon. Laura Salinas, Presiding

AGREED MOTION TO ABATE APPEAL

TO FINALIZE SETTLEMENT

TO THE HONORABLE JUSTICES OF THE COURT: 

Appellants Morningside Ministries d/b/a Morningside Ministries at 

the Manor and The Morningside Ministries Foundation, Inc., and Appellee 

Rosa Lee Rodriguez, as next friend of Flora Mendez, respectfully file this 

agreed motion requesting that this appeal be immediately abated for 30 

ACCEPTED

04-15-00049-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

11/3/2015 1:06:03 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 11/3/2015 1:06:03 PM KEITH E. HOTTLE Clerk
2

days in order to the parties to finalize their settlement agreement. As good 

cause, the parties would show the following:

I.

On November 3, 2015, the parties agreed to settle the case underlying 

this appeal. One of the conditions of that settlement is that no opinion be 

issued in this appeal.

II.

This appeal has been fully briefed and was submitted without oral 

argument on September 30, 2015. In order that they may finalize the 

settlement agreement, the parties request that this appeal be immediately 

abated for 30 days.

WHEREFORE, Appellants Morningside Ministries d/b/a 

Morningside Ministries at the Manor and The Morningside Ministries 

Foundation, Inc., and Appellee Rosa Lee Rodriguez, as next friend of Flora 

Mendez, pray that this motion be granted and that the appeal be 

immediately abated for 30 days to permit the parties to finalize their 

settlement agreement.
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Respectfully submitted,

HOUSTON DUNN, PLLC

Nissa M. Dunn 

State Bar No. 14766450

4040 Broadway, Suite 440

San Antonio, Texas 78209

(210) 775-0880 – Telephone 

(210) 826-0075 – Fax

nissa@hdappeals.com

By: /s/ Nissa M. Dunn

Nissa M. Dunn

ATTORNEYS FOR APPELLANTS

LAW OFFICE OF BETH WATKINS

Beth Watkins

State Bar No. 24037675

926 Chulie Drive

San Antonio, Texas 78216

(210) 225-6666 – Telephone 

(210) 225-2300 – Fax

Beth.Watkins@WatkinsAppeals.com

By: /s/ Beth Watkins

Beth Watkins

ATTORNEYS FOR APPELLEE
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CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document was 

served on November 3, 2015 electronically and/or by e-mail to:

Harold J. Lotz, Jr.

Alexis A. Scott

1210 Nacogdoches Road

San Antonio, Texas 78209-3338

(210) 212-4100 – Telephone

(210) 212-5700 – Telecopier

hlotz@lotzandassociates.com

ascott@lotzandassociates.com

ATTORNEYS FOR APPELLANTS

J. Thomas Rhodes, III 

Tom Rhodes Law Firm, P.C.

126 Villita Street

San Antonio, Texas 78205

trhodes@tomthodeslaw.com

Thomas J. Henry

Curtis W. Fitzgerald, II

The Law Office of Thomas J. Henry

521 Starr Street

Corpus Christi, Texas 78410

thenry@thomasjhenrylaw.com

cfitzgerald@thomasjhenrylaw.com

ATTORNEYS FOR APPELLEE

J. Gregory Myers

Andrew Taleghany

Myers Doyle

7676 Woodway, Suite 350

Houston, Texas 77063

gmyers@myersdoyle.com

ataleghany@myersdoyle.com

ATTORNEYS FOR DEFENDANT

QUINTIN BERRY

/s/ Nissa M. Dunn

 Nissa M. Dunn