In Re Luna

275 S.W.3d 537, 2008 Tex. App. LEXIS 6673, 2008 WL 4075796

• Court: Court of Appeals of Texas
• Decided: September 3, 2008
• Docket: 01-03-01055-CV
• Status: Published

Opinion

ORDER

PER CURIAM.

The Court issued its opinion in this original proceeding on September 9, 2004, ordering the trial judge 1 to withdraw his September 19, 2003 order compelling arbitration and staying litigation in the underlying cause. 2 The real parties in interest, Poly-America, L.P. d/b/a Pol-Tex International and Poly-America GP, L.L.C., sought and obtained mandamus relief in the Texas Supreme Court from this Court’s September 9, 2004 order. See In re Poly-America, L.P., 262 S.W.3d 337 (Tex.2008).

Pursuant to the Texas Supreme Court’s order in In re Poly-America, L.P., this Court orders that its September 9, 2004 order in In re Luna, No. 01-03-01055-CV — which required the trial judge to withdraw his order compelling arbitration and staying litigation — be withdrawn. 3

It is so ORDERED.

1 . The Honorable Carrol E. Wilborn Jr., judge of the 344th District Court of Chambers County, Texas.

2 . The underlying lawsuit is Johnny Luna v. Poly-America, L.P. d/b/a Pol-Tex International and Poly-America GP, L.L.C., in the 344th District Court of Chambers County, Texas, trial court cause number 20504.

3 .The Court recognizes that the time for filing a rehearing motion in the Texas Supreme Court has not yet expired, but nonetheless issues its order today.