Richard L. Horne, Individually and D/B/A Quail Run Construction, Inc. v. Jeff Kleindienst and Kathleen Wisely

Opinion

MEMORANDUM OPINION

No. 04-07-00351-CV

Richard L. HORNE, Individually and d/b/a Quail Run Construction, Inc., Appellant,

v.

Jeff KLEINDIENST and Kathleen WISELY, Appellees

From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CI-09777, the Honorable Peter A. Sakai, Judge Presiding

No. 04-07-00441-CV

IN RE Richard L. HORNE, Individually and d/b/a Quail Run Construction, Inc.

Original Mandamus Proceeding ⁽¹⁾

PER CURIAM

Sitting: Karen Angelini, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: August 8, 2007

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

On June 27, 2007, relator Richard L. Horne, individually and d/b/a Quail Run Construction, Inc., filed a petition for a writ of mandamus in this court, asking us to direct the trial court to compel arbitration in the underlying lawsuit. On the same day, Horne, individually and d/b/a Quail Run Construction, Inc., filed a brief in his appeal seeking the same relief. On July 24, 2007, the parties filed a joint motion to dismiss Horne's mandamus petition and appeal as moot because the real parties in interest/appellees have agreed to submit all claims in the underlying lawsuit to arbitration. We grant the motion to dismiss. Accordingly, the mandamus petition and the appeal are dismissed as moot. See Tex. R. App. P. 42.1(a).

1. This proceeding arises out of cause number 2006-CI-09777, styled Jeff Kleindienst and Kathleen Wisely v. Richard L. Horne, Individually and d/b/a Quail Run Construction, Inc., and filed in the 225th Judicial District Court, Bexar County, Texas, the Honorable Peter A. Sakai presiding.