Southern Contracting, Inc. v. Bennett, Martin, Solka and Torno, Inc., Govind & Associates, Inc., and W.R. Grace & Co.-Conn.

• Court: Court of Appeals of Texas
• Decided: May 7, 2009
• Docket: 13-09-00231-CV
• Status: Published

Opinion

NUMBER 13-09-00100-CV AND 13-09-00231-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

INGRAM READYMIX, INC. AND SOUTHERN CONTRACTING, INC., Appellants,

v.

BENNETT, MARTIN, SOLKA AND TORNO, INC., GOVIND & ASSOCIATES, INC., AND W.R. GRACE & CO.-CONN., Appellees. _____________________________________________________________

On appeal from the 319th District Court of Nueces County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Garza and Vela Memorandum Opinion Per Curiam

Appellants, Ingram Readymix, Inc. and Southern Contracting, Inc.(“SCI”), perfected

an appeal from a judgment entered by the 319th District Court of Nueces County, Texas,

in cause number 08-6125-G. SCI, Bennett, Martin, Solka & Torino, Inc.(“BMST”), and Govind & Associates, Inc. (“Govind”), have filed a joint motion to dismiss with prejudice.

SCI, BMST, and Govind have filed a joint motion to dismiss the appeal on grounds that

they have resolved their disputes at mediation and request that this Court dismiss with

prejudice all of the claims in this case asserted by SCI against BMST and Govind.

The Court, having considered the documents on file and the joint motion to dismiss

with prejudice claims by SCI against BMST and Govind, is of the opinion that the motion

should be granted. See TEX . R. APP. P. 42.1(a). The joint motion to dismiss is granted,

and the appeal is hereby DISMISSED WITH PREJUDICE. In accordance with the

agreement of the parties, costs are taxed against the party incurring same. See TEX . R.

APP. P. 42.1(d). Having dismissed the appeal at the parties’ request, no motion for

rehearing will be entertained, and our mandate will issue forthwith.

The appeal with respect to claims made by SCI against BMST and Govind is

ordered SEVERED from the remainder of the appeal. The Clerk shall create Cause No.

13-09-00231-CV styled Southern Contracting, Inc. v. Bennett, Martin, Solka and Torno, Inc.

and Govind & Associates, Inc. The remainder of the parties remain under this original

cause number, 13-09-00100-CV.

PER CURIAM

Memorandum Opinion delivered and filed this the 7th day of May, 2009.