Hubco v. Ashford Constr. Corp.

Full title: HUBCO, INC., Appellant v. ASHFORD CONSTRUCTION CORPORATION, Appellee

Court: Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 11, 2003

No. 04-03-00193-CV (Tex. App. Jun. 11, 2003)

Opinion

No. 04-03-00193-CV.

Delivered and Filed: June 11, 2003.

Appeal From the 166th Judicial District Court, Bexar County, Texas, Trial Court No. 2001-CI-05281, Honorable Michael P. Peden, Judge Presiding.

DISMISSED.

Sitting: Alma L. LOPEZ, Chief Justice, Catherine STONE, Justice, Phylis J. SPEEDLIN, Justice.

MEMORANDUM OPINION

PER CURIAM.

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.