CAUSE NO. 04-15-00548-CV INTHE COURT OF APPEALS FOURTHCOURT OF APPEALS DISTRICT SANANTONIO, TEXAS

RUFINA REYES YANEZ, Appellant
v. AMERICAN GENERAL LIFE INSURANCE COMPANY, Appellee

FROMTHE 341 ST JUDICIAL DISTRICT COURT, WEBB COUNTY, TEXAS TRIAL COURTNO. 2014CVF000504-D3 HONORABLE REBECCARAMIREZ PALOMO, JUDGE PRESIDING

MOTIONTO REINSTATEAPPEAL TOTHE HONORABLE COURT OFAPPEALS: Comes Now Appellant, RUFINA REYES YANEZ, asking the Honorable Court of Appeals to reinstate her appeal, which was dismissed on October 28, 2015, for want ofprosecution. In supportthereofAppellant shows:

Page 11 ACCEPTED 04-15-00548-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/13/2015 4:43:18 PM KEITH HOTTLE CLERK1. As evidenced by this motion and the attached affidavit, good cause exists for reinstating the appeal. In Verbugt v.Dormer, 959 

# s.w. 2d 615, 616-17 (Tex. 1997), the Texas Supreme Court said: " This court has never wavered from the principal that appellate courts should not dismiss an appeal for a procedural defect whenever any arguable, interpretation ofthe Rules ofAppellate Procedure would preserve the appeal.
.. We have repeatedly instructed the courts ofappeals to construe the Rules ofAppellate Procedure reasonable yet liberally, so that the right to appeal is not lost by imposing requirements not absolutely necessaryto effectthe purpose ofarule." 2. The motion complies with Rule 25.1(g) of the Texas Rules of Appellate Procedure. See also Sweed v. Nye, 323 S. W. 3rd 873, 874 (Tex.2010); Warwick Towers Council ofCo-owners v. Park Warwick. L.P., 244 S. W. 3rd 838, 839 (Tex. 2008). 3. Duringthe past few months Appellant's attorney has suffered from ill health, including migraine headaches so severe that they cause him to miss work and a recent episode while in court that cause him to seek medical intervention. Additionally, the legal assistant/secretary of Appellant's attorney has been suffering from anxiety attacks the last two months that have resulted in frequent absences from work and failure to attend to assigned tasks. See Appellanfs affidavit, attached as ExhibitA to this motion.

Page 124. Appellant's counsel has also been deeply involved in a multi-vehicle accident which resulted in six deaths and injuries to others, and in which discovery has been extensive, with more than twenty-five attorneys and more than 30 plaintiffs involved, Cause No. 15-01-13556, filed in the 193rd District Court of Zavala County, Texas, and styled as David Rodriguez and Maribel Rodriguez, et aI., v. Rose RockMidstream Field Services, LLC, et al. 5. Appellant has a meritorious appeal. This case involves Appellee's failure to pay the insurance proceeds of a life insurance policy to Appellant promptly. Appellee filed a motion for summary judgment and other pleadings untruthfully stating that Appellee did not learn until late 2012 that Appellant's husband had died. Appellant filed a motion pursuant to Rule 201 of the Texas Rules of Evidence for the trial court to take mandatory judicial notice of information and documents which ineluctably proved that Appellee and its attorneys had learned on November 1, 2001, and in February of2002, that JULIO had died on May 26, 2001. The trial Court failed to take the mandatoryjudicial notice. Appellant has ordered the Reporter's Record ofthe July 15,2015, hearing
onthe motion for mandatoryjudicial notice ofadjudicative facts and has asked the District Clerkto prepare and file a Supplemental Clerk's Record.

Page 137. Ifthe motion to reinstate the appeal is denied Appellant will have to file a petition for review with the Texas Supreme Court or will have to file a petition for a bill ofreview inthe 341 stDistrictCourt. 8. PRAYER. Premises considered, Appellant RUFINA REYES YANEZ asks the Honorable CourtofAppeals:
a. To enter an orderreinstatingthe appeal; and b. To enter an order extending the time for Appellant to file her briefuntil 30 days afterthe Appellate Recordhas beencompleted.

ARMANDOTREVINO AttorneyAtLaw StateBarNo. 20211100 1519 Washington St, Suite# 1. Laredo, Texas 78040 TelephoneNo. (956) 726-1638 Email:**9c1l113ndQ....!.IT_.{u1oliiW(~lihotlIEUl.com** AttorneyForAppellant 17A Subscribed and sworntobeforeme onthe V day ofNovember, 2015, by Armando Trevino, Attorney for Appellant.

Page 14CERTIFICATE OF SERVICE I certify that on November 

# t1 ,2015, I served a copy ofthe Motion To Reinstate Appeal was sent via hand-delivery or e-service to JASON A. RICHARDSON, EDISON, McDOWELL & HETHERINGTON LLP, 3200 Southwest Freeway, Suite 2100, Houston, Texas 77027, iason.richardson@emhllp.com, Webb County District Clerk's office Esther Degollado, and Ana Alcantar.

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# EXHIBIT AAFFIDAVIT OF ARMANDO TREVINO STATE OF TEXAS 

### § COUNTY OF WEBB 

### § My name is Armando Trevifio. I am fully competent to make this affidavit based upon my personal knowledge ofthe facts stated herein. All ofthe facts are true and correct. Upon my oath and onpenalty ofperjury I depose as follows: 1. I am the attorney for AppellantRUFINA REYES YANEZ. 2. During the last few months I have suffered from debilitating migraine headaches that have caused me to miss work. A few days ago, while in Court, I suffered an attack ofvertigo and had to seek medical intervention. My physician opinionedthat I was under severe stress. 3. Julie Brewster has been my paralegal/legal secretary for many years. During the lasttwo months she has suffered from anxiety/panic attacks which have causedherto miss work andto accomplishher assigned tasks. 4. I am the attorney for Carmen Veyro Costales, mother ofSergio Javier Veyro, Sr., in Cause No. I5-0I-I3355-CV, filed in the I93 rd Judicial District Court of Zavala County, Texas. Sergio was fatally injured on January 15, 2015, in a multi-fatality, multi-vehicle accident. Discovery is ongoing and to date I have boxes of discovery motions, responses to discovery, expert reports, and depositions.

Page 115. I seekreinstatement ofthis Appeal so**thatjus~ce** maybe done. 

# ;/
Armando Trevino 

## # Subscribed and sworntobefore me onthe 

# /3 day ofNovember, 2015, by

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