Opinion
No. 05-19-01147-CV
05-01-2020
ROSS STORES, INC., ROSS DRESS FOR LESS, INC., AND STEVEN FUENTES, Appellants v. FREDDIE PRICE, Appellee
On Appeal from the County Court at Law No. 2 Dallas County, Texas
Trial Court Cause No. CC-18-03907-B
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Nowell
Opinion by Chief Justice Burns
This is an appeal from the trial court's order denying Ross Stores, Inc., Ross Dress For Less, Inc., and Steven Fuentes's motion to compel arbitration of the claims brought against them by Freddie Price. The parties have settled the issue on appeal and have filed a joint motion for disposition of the appeal. We grant the motion. In accordance with the parties' agreement and without regard to the merits, we reverse the trial court's order denying the motion to compel arbitration and remand the case to the trial court for entry of an order (1) compelling Price to submit her claims to arbitration in accordance with the Ross Dress For Less, Inc. Texas Injury Benefit Plan and Ross Dress For Less, Inc. Texas Injury Benefit Plan Summary Plan Description and (2) staying Price's claims in the trial court action until the completion of arbitration. See TEX. R. APP. P. 42.1(a)(2)(A).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE 191147F.P05
JUDGMENT
On Appeal from the County Court at Law No. 2, Dallas County, Texas
Trial Court Cause No. CC-18-03907-B.
Opinion delivered by Chief Justice Burns, Justices Whitehill and Nowell participating.
In accordance with this Court's opinion of this date and WITHOUT REGARD TO THE MERITS, we REVERSE the trial court's order denying Ross Stores, Inc., Ross Dress For Less, Inc., and Steven Fuentes's motion to compel arbitration and REMAND the case to the trial court for entry of an order (1) compelling Freddie Price to submit her claims to arbitration in accordance with the Ross Dress For Less, Inc. Texas Injury Benefit Plan and Ross Dress For Less, Inc. Texas Injury Benefit Plan Summary Plan Description and (2) staying Price's claims in the trial court action until the completion of arbitration.
As agreed by the parties, we ORDER that each party bear its own costs of this appeal. Judgment entered May 1, 2020.