in Re: King Industries, Inc., Relator

CourtCourt of Appeals of Texas
DecidedNovember 4, 2009
Docket04-09-00569-CV
StatusPublished

This text of in Re: King Industries, Inc., Relator (in Re: King Industries, Inc., Relator) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in Re: King Industries, Inc., Relator, (Tex. Ct. App. 2009).

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-09-00494-CV

KING INDUSTRIES, INC. Appellants

v.

Abel MEDINA, Appellees

From the County Court at Law No. 7, Bexar County, Texas Trial Court Cause No. 346728 Honorable Irene Rios, Judge Presiding1

No. 04-09-00569-CV

IN RE KING INDUSTRIES, INC.

Original Mandamus Proceeding2

PER CURIAM

Sitting: Sandee Bryan Marion, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice

1 … The Honorable Monica Guerrero is the presiding judge of the County Court at Law No. 7, Bexar County, Texas. However, the H onorable Irene Rios, presiding judge of the County Court at Law No. 10, signed the order complained of.

… This proceeding arises out of Cause No. 346728, styled Abel Medina v. King Industries, Inc., pending in 2

the County Court at Law No. 7, Bexar County, Texas, the Honorable Monica Guerrero presiding. However, the Honorable Irene Rios, presiding judge of the County Court at Law No. 10, signed the order complained of. Consolidated 04-09-00494-CV & 04-09-00569-CV

Delivered and Filed: November 4, 2009

MOTION TO DISMISS GRANTED; APPEAL DISMISSED; PETITION FOR WRIT OF MANDAMUS DISMISSED

On August 11, 2009, appellant King Industries, Inc. filed an appeal and it was assigned

appellate cause number 04-09-00494-CV. On September 10, 2009, relator King Industries, Inc. filed

a petition for writ of mandamus and it was assigned cause number 04-09-00569-CV. Both cases

challenge the trial court’s July 23, 2009 order denying King Industries, Inc.’s motion to compel

arbitration. On October 19, 2009, King Industries, Inc. filed an agreed motion to dismiss the

consolidated appeal and petition for writ of mandamus because the parties entered into a written

settlement agreement. Accordingly, the motion to dismiss is GRANTED and the consolidated

appeal and petition for writ of mandamus are DISMISSED. See TEX . R. APP . P. 42.1(a)(1).

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