McLane Company v. Sarah Ewing, Individually and on Behalf of Minor Children, R.C.M., C.R.M., C.R.M., R.C.M., H.M.E., W.D.E., and T.M.E.
McLane Company v. Sarah Ewing, Individually and on Behalf of Minor Children, R.C.M., C.R.M., C.R.M., R.C.M., H.M.E., W.D.E., and T.M.E.
Opinion
DISMISSED; Opinion Filed January 15, 2020
In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00334-CV MCLANE COMPANY, Appellant V. SARAH EWING, INDIVIDUALLY AND ON BEHALF OF MINOR CHILDREN, R.C.M., C.R.M., C.R.M., R.C.M., H.M.E., W.D.E., AND T.M.E., Appellees On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-18-01104-D MEMORANDUM OPINION Before Justices Myers, Osborne, and Nowell Opinion by Justice Osborne In this consolidated mandamus proceeding and appeal, appellant McLane Company challenged the trial court’s February 28, 2019 “Order Denying Defendant McLane Company, Inc.’s Motion to Stay Pending Outcome of Arbitration.” On December 3, 2019, McLane Company filed an unopposed motion to dismiss this proceeding and appeal, explaining that after the parties had completed their briefing in this Court, the trial court signed an order reconsidering and vacating its February 28, 2019 order.
Because the order that was the subject of this original proceeding and appeal has been vacated, we grant McLane Company’s unopposed motion, and we dismiss this consolidated proceeding. As requested in the motion, we order that each party bear its own costs in connection with this consolidated proceeding.
/Leslie Osborne/ LESLIE OSBORNE JUSTICE 190334F.P05
–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT MCLANE COMPANY, Appellant On Appeal from the County Court at Law No. 4, Dallas County, Texas No. 05-19-00334-CV V. Trial Court Cause No. CC-18-01104-D.
Opinion delivered by Justice Osborne; SARAH EWING, INDIVIDUALLY AND Justices Myers and Nowell, participating.
ON BEHALF OF MINOR CHILDREN, R.C.M., C.R.M., C.R.M., R.C.M., H.M.E., W.D.E., AND T.M.E., Appellee In accordance with this Court’s opinion of this date, this consolidated mandamus proceeding and appeal is DISMISSED.
It is ORDERED that each party bear its own costs of this consolidated proceeding.
Judgment entered this 15th day of January, 2020.
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