Top Cat Ready Mix, LLC v. Alliance Trucking, L.P. and TXI Operations, LP D/B/A Martin Marietta

CourtCourt of Appeals of Texas
DecidedJanuary 22, 2019
Docket05-18-00175-CV
StatusPublished

This text of Top Cat Ready Mix, LLC v. Alliance Trucking, L.P. and TXI Operations, LP D/B/A Martin Marietta (Top Cat Ready Mix, LLC v. Alliance Trucking, L.P. and TXI Operations, LP D/B/A Martin Marietta) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Top Cat Ready Mix, LLC v. Alliance Trucking, L.P. and TXI Operations, LP D/B/A Martin Marietta, (Tex. Ct. App. 2019).

Opinion

Order entered January 22, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00175-CV

TOP CAT READY MIX, LLC, Appellant

V.

ALLIANCE TRUCKING, L.P., Appellee

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-07419

ORDER Before Justices Myers, Molberg, and Osborne

On our own motion, we WITHDRAW our December 27, 2018 Memorandum Opinion

on Motion to Review Trial Court’s Order Setting Amount of Supersedeas Security. Because we

are reversing the portion of the trial court’s summary judgment awarding Alliance Trucking, L.P.

pre-judgment contractual issue and remanding that issue to the trial court for further proceedings,

the question of whether contractual pre-judgment interest should be included in the supersedeas

amount is MOOT.

/s/ KEN MOLBERG JUSTICE

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Top Cat Ready Mix, LLC v. Alliance Trucking, L.P. and TXI Operations, LP D/B/A Martin Marietta, Counsel Stack Legal Research, https://law.counselstack.com/opinion/top-cat-ready-mix-llc-v-alliance-trucking-lp-and-txi-operations-lp-texapp-2019.