in Re: Rafael Vargas

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS







IN RE: RAFAEL VARGAS,



Relator.

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No. 08-07-00332-CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS



Relator, Rafael Vargas, filed a petition seeking a writ of mandamus against the Honorable William Moody, Presiding Judge of the 34th District Court of El Paso County and requesting that we set aside an order granting a motion to compel arbitration filed by Jobe Concrete Products, Inc., the Real Party in Interest. Pending before the Court is Relator's motion to dismiss this original proceeding pursuant to Tex.R.App.P. 42.1 because he wishes to submit to arbitration as ordered by the trial court. We grant the motion and dismiss the mandamus proceeding.





April 10, 2008

ANN CRAWFORD McCLURE, Justice



Before Chew, C.J., McClure, and Gomez, J.J.

Gomez, J., sitting by assignment, not participating