City of Dallas v. Highway 205 Farms, LTD

Opinion

Order entered July 22, 2014

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00951-CV

CITY OF DALLAS, Appellant V.

HIGHWAY 205 FARMS, LTD. AND MAURICE E. MOORE, JR., Appellees

and

IN RE CITY OF DALLAS, Relator

On Appeal from the County Court Kaufman County, Texas

Trial Court Cause No. 84262CC

ORDER

In accordance with Court’s opinion issued this date in this consolidated appeal and

petition for writ of mandamus, we CONDITIONALLY GRANT mandamus relief. The Court ORDERS the trial judge of the County Court at Law, Kaufman County, Texas to VACATE his April 17, 2013 order granting defendants’ motion to dismiss for want of prosecution without prejudice. We DIRECT the trial judge to reinstate the case.

Should the trial court fail to comply with this order, the writ will issue. The Court ORDERS the trial judge to file with this Court, within thirty (30) days of the date of this order, a certified copy of its order in compliance with this order.

We ORDER that City of Dallas recover their costs of this proceeding from Highway 205 Farms, Ltd. and Maurice E. Moore, Jr.

/s/ DAVID EVANS

JUSTICE