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Specialty Select Care Center of San Antonio LLC D/B/A Casa Rio Healthcare and Rehabilitation v. Jose Flores, as Next Friend of Julie Flores
Citation: Not availableDocket: 04-13-00888-CV
Court: Court of Appeals of Texas; June 11, 2015; Texas; State Appellate Court
Original Court Document: View Document
Specialty Select Care Center of San Antonio LLC, doing business as Casa Rio Healthcare and Rehabilitation, filed a Motion to Lift Abatement and Reinstate Appeal in the Fourth Court of Appeals, following the Texas Supreme Court's resolution of key issues related to arbitration agreements. The appeal arises from a trial court order denying the Appellant's Motion to Compel Arbitration and Stay Proceedings, permitted under Texas Civil Practice and Remedies Code §51.016. The Court previously abated the case on March 19, 2014, pending the outcomes of related cases (Acosta, Lira, and Perez). The Texas Supreme Court's decision on March 6, 2015, clarified whether Section 74.451 of the Civil Practice and Remedies Code invalidated the arbitration agreement in question. The Appellant now requests the Court to lift the abatement, reinstate the appeal, reconsider the earlier denial of its Motion for Extension of Time to File a Reply Brief, and set a new deadline for submitting that reply. A certificate of conference confirms that Jorge A. Padilla attempted to contact Andrew J. Skemp via email regarding a motion to lift abatement and reinstate an appeal, but Skemp did not respond. Padilla notes that Skemp had previously requested the filing of a motion to reinstate the appeal. A certificate of service states that on June 11, 2015, Padilla served a true and correct copy of the document to all counsel of record, including Skemp and Beth S. Janicek, via email and certified mail as per Texas Rules of Appellate Procedure Rule 9.5(c). The case, Specialty Select Care Center of San Antonio LLC d/b/a Casa Rio Healthcare and Rehabilitation v. Jose Flores, involves an appeal where the appellant sought to abate the appeal due to overlapping issues with pending petitions for review in related cases. The court granted the motion to abate, deeming it efficient to await the Texas Supreme Court's resolution of these issues. The appeal will be treated as closed until the appellant files a motion for reinstatement, and a concurrent motion for extension of time to file a reply brief was denied as moot. The order was issued on March 19, 2014, by Justices Sandee Bryan Marion, Marialyn Barnard, and Luz Elena D. Chapa, and was attested by Clerk of Court Keith E. Hottle.