Specialty Select Care Center of San Antonio D/B/A Casa Rio Healthcare and Rehabilitation v. Adolfo R. Juiel ( 2014 )


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  •                                                                                Adolfo R. s
    Fourth Court of Appeals
    San Antonio, Texas
    October 20, 2014
    No. 04-14-00515-CV
    SPECIALTY SELECT CARE CENTER OF SAN ANTONIO d/b/a Casa Rio Healthcare and
    Rehabilitation,
    Appellant
    v.
    Adolfo R. JUIEL et al,
    Appellee
    From the 150th Judicial District Court, Bexar County, Texas
    Trial Court No. 2014-CI-04911
    Honorable Karen H. Pozza, Judge Presiding
    ORDER
    Sitting:          Sandee Bryan Marion, Justice
    Marialyn Barnard, Justice
    Rebeca C. Martinez, Justice
    This is an accelerated appeal from an interlocutory order denying appellant’s motion to
    compel arbitration. TEX. CIV. PRAC. & REM. CODE ANN. § 51.016 (West Supp. 2013). Appellant
    has filed an unopposed motion to abate this appeal because one of the issues presented in the
    appeal is the same issue pending in petitions for review filed in Williamsburg Care Co. L.P. v.
    Acosta, 
    406 S.W.3d 711
    (Tex. App.—San Antonio 2013, pet. filed), Fredericksburg Care Co.
    L.P. v. Lira, 
    407 S.W.3d 810
    (Tex. App.—San Antonio 2013, pet. filed), and Fredericksburg
    Care Co. L.P. v. Perez, 
    406 S.W.3d 313
    (Tex. App.—San Antonio 2013, pet. filed). In light of
    the pending higher court review of the precedent previously established by this court, this court
    has determined that abating this appeal pending the Texas Supreme Court’s resolution of the
    issue will likely achieve the greatest judicial efficiency.
    Accordingly, appellant’s motion to abate is GRANTED. For administrative purposes,
    this appeal will be treated as a closed case, unless and until appellant files a motion requesting its
    reinstatement following the Texas Supreme Court’s resolution of the issue.
    Appellees’ motion for an extension of time in which to file a brief is MOOT.
    _________________________________
    Sandee Bryan Marion, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 20th day of October, 2014.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-14-00515-CV

Filed Date: 10/20/2014

Precedential Status: Precedential

Modified Date: 10/16/2015