Victoria Air Conditioning, Ltd. and D. Wilson Construction Company, Inc. v. Jim Hogg Independent School District--Appeal from 229th Judicial District Court of Jim Hogg County

MEMORANDUM OPINION
No. 04-04-00506-CV
VICTORIA AIR CONDITIONING, LTD. and D. Wilson Construction Company, Inc.
Appellants
v.
JIM HOGG COUNTY INDEPENDENT SCHOOL DISTRICT,
Appellee

From the 229th Judicial District Court, Jim Hogg County, Texas
Trial Court No. CC-01-132
Honorable Alex Gabert, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: August 18, 2004

MOTION TO DISMISS GRANTED; APPEAL DISMISSED IN PART

Victoria Air Conditioning, Ltd. and D. Wilson Construction Company Inc. each appealed the trial court's order denying Victoria Air Conditioning, Ltd.'s motion to compel arbitration. Victoria Air Conditioning has filed a motion to dismiss its appeal, stating that it has settled its disputes with appellee. We grant the motion. See Tex. R. App. P. 42.1(a)(1), (b). We order all costs of appeal incurred by Jim Hogg County Independent School District as of the date of this opinion are assessed against Victoria Air Conditioning, Ltd.. See Tex. R. App. P. 42.1(d)(absent agreement of the parties, costs are taxed against appellant). The appeal of D. Wilson Construction Company, Inc. remains pending.

PER CURIAM