in Re: Scoggins Construction Company, Inc.

• Court: Court of Appeals of Texas
• Decided: March 22, 2007
• Docket: 13-06-00492-CV
• Status: Published

Opinion

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

________________________________________________________

NUMBER 13-06-415-CV

SCOGGINS CONSTRUCTION COMPANY, INC., Appellant,

v.

HECTOR G. LEAL AND SAN BENITO INDEPENDENT

SCHOOL DISTRICT, Appellees.

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On appeal from the 107th District Court

of Cameron County, Texas.

NUMBER 13-06-492-CV

IN RE SCOGGINS CONSTRUCTION COMPANY, INC.

On Petition for Writ of Mandamus

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam

Scoggins Construction Company, Inc. sought review of the trial court's denial of its motion to compel arbitration through an interlocutory appeal and a petition for writ of mandamus. The parties have now filed joint motions to vacate and remand in accordance with agreement of the parties. In their motion, the parties request that this Court vacate the trial court's interlocutory order and remand this case for further proceedings in accordance with the agreement of the parties. The parties further requests that costs be taxed against the party incurring same.

The Court, having considered the documents on file and the joint motions to vacate and to remand in accordance with agreement of the parties, is of the opinion that the motions should be granted. The joint motions to vacate and to remand in accordance with agreement of the parties are GRANTED. The trial court's interlocutory order denying motion to compel arbitration is hereby VACATED, and the cause is REMANDED to the trial court in accordance with the agreement of the parties.

PER CURIAM

Memorandum Opinion delivered and filed this

the 22^nd day of March, 2007.