Hubco, Inc.; , Norman J. Hubbard, Jr. & Kirk Hubbard; Ashford Inc. v. Ashford Construction Corporation--Appeal from 166th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00193-CV
HUBCO, INC.,
Appellant
v.
ASHFORD CONSTRUCTION CORPORATION,
Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CI-05281
Honorable Michael P. Peden, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: June 11, 2003

DISMISSED

This is an accelerated appeal from the trial court's order denying Hubco, Inc.'s motion to compel arbitration. On May 13, 2003, appellant, Hubco, Inc. filed a voluntary motion to dismiss its appeal stating, "although it believes that it is entitled to arbitrate, it has determined that it would prefer to litigate . . . in the trial court rather than pursue arbitration." In the Certificate of Conference, Hubco, Inc.'s counsel indicates that appellee's counsel opposes the motion to dismiss. Appellee, however, did not file a response to the motion to dismiss.

We therefore grant appellant's motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1). Costs of the appeal are taxed against appellant.

PER CURIAM