Southern Mechanical Plumbing, Inc. v. GCC McCarthy Joint Venture IV, McCarthy Building Companies, Inc. and GCC Enterprices, Inc., Washington International Insurance Company

Opinion

Dismissed; Opinion Filed October 9, 2015.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01095-CV

SOUTHERN MECHANICAL PLUMBING, INC., Appellant

V.

GCC MCCARTHY JOINT VENTURE IV, MCCARTHY BUILDING COMPANIES, INC., GCC ENTERPRISES, INC., AND WASHINGTON INTERNATIONAL INSURANCE COMPANY, Appellees

On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-02769

MEMORANDUM OPINION Before Justices Lang, Evans, and Whitehill Opinion by Justice Evans

Stating it does not wish to proceed with the appeal because the underlying dispute has

been resolved, appellant has filed a motion to dismiss. See TEX. R. APP. P. 42.1(a)(1). We grant

the motion and dismiss the appeal. See id., 43.2(f).

/David W. Evans/ 151095F.P05 DAVID EVANS JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT

SOUTHERN MECHANICAL PLUMBING, On Appeal from the 68th Judicial District INC., Appellant Court, Dallas County, Texas Trial Court Cause No. DC-13-02769. No. 05-15-01095-CV V. Opinion delivered by Justice Evans. Justices Lang and Whitehill participating. GCC MCCARTHY JOINT VENTURE IV, MCCARTHY BUILDING COMPANIES, INC., GCC ENTERPRISES, INC., AND WASHINGTON INTERNATIONAL INSURANCE COMPANY, Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER appellees GCC McCarthy Joint Venture IV, McCarthy Building Companies, Inc., GCC Enterprises, Inc., and Washington International Insurance Company recover their costs, if any, of this appeal from appellant Southern Mechanical Plumbing, Inc.

Judgment entered this 9th day of October, 2015.

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