IN RE: KING INDUSTRIES, INC., RELATOR--Appeal from County Court At Law No 10 of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-09-00494-CV KING INDUSTRIES, INC. Appellants v. Abel MEDINA, Appellees From the County Court at Law No. 7, Bexar County, Texas Trial Court Cause No. 346728 Honorable Irene Rios, Judge Presiding1 No. 04-09-00569-CV IN RE KING INDUSTRIES, INC. Original Mandamus Proceeding2 PER CURIAM Sitting: Sandee Bryan Marion, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice 1 ¦ The Honorable Monica Guerrero is the presiding judge of the County Court at Law No. 7, Bexar County, Texas. However, the H onorable Irene Rios, presiding judge of the County Court at Law No. 10, signed the order complained of. ¦ This proceeding arises out of Cause No. 346728, styled Abel Medina v. King Industries, Inc., pending in the County Court at Law No. 7, Bexar County, Texas, the Honorable Monica Guerrero presiding. However, the Honorable Irene Rios, presiding judge of the County Court at Law No. 10, signed the order complained of. 2 Consolidated 04-09-00494-CV & 04-09-00569-CV Delivered and Filed: November 4, 2009 MOTION TO DISMISS GRANTED; APPEAL DISMISSED; PETITION FOR WRIT OF MANDAMUS DISMISSED On August 11, 2009, appellant King Industries, Inc. filed an appeal and it was assigned appellate cause number 04-09-00494-CV. On September 10, 2009, relator King Industries, Inc. filed a petition for writ of mandamus and it was assigned cause number 04-09-00569-CV. Both cases challenge the trial court s July 23, 2009 order denying King Industries, Inc. s motion to compel arbitration. On October 19, 2009, King Industries, Inc. filed an agreed motion to dismiss the consolidated appeal and petition for writ of mandamus because the parties entered into a written settlement agreement. Accordingly, the motion to dismiss is GRANTED and the consolidated appeal and petition for writ of mandamus are DISMISSED. See TEX . R. APP . P. 42.1(a)(1). PER CURIAM -2-

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