COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

D&H UNITED FUELING SOLUTIONS, § No. 08-23-00266-CV INC., § Appeal from the Appellant, § 143rd Judicial District Court v. § of Ward County, Texas CEMENTOS READY-MIX, LLC, § (TC#22-04-25989-CVW) Appellee.

SUBSTITUTED JUDGMENT

The judgment of the Court issued June 7, 2024, is withdrawn, and the following is now the judgment of the Court.

The Court has considered this cause on the record, construing the appeal in substance but not form as a petition for writ of mandamus against the Honorable Mike Swanson, Judge of the 143rd District Court of Ward, Texas, and concludes mandamus relief should be granted. We therefore grant the petition for writ of mandamus, in accordance with the opinion of this Court.

IT IS SO ORDERED THIS 26TH DAY OF JULY 2024.

GINA M. PALAFOX, Justice Before Alley, C.J., Palafox and Soto, JJ.