Fourth Court of Appeals
San Antonio, Texas
JUDGMENT
No. 04-14-00429-CV
CITY OF SAN ANTONIO,
Acting through City Public Service Board of San Antonio
a/k/a CPS Energy
Appellant
v.
Casey
CASEY INDUSTRIAL, INC.,
Appellee
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-CI-06252
Honorable Michael E. Mery, Judge Presiding
BEFORE CHIEF JUSTICE MARION, JUSTICE ALVAREZ, AND JUSTICE PULLIAM
In accordance with this court’s opinion of this date, the trial court’s Order on Motion to
Dismiss for Lack of Jurisdiction is REVERSED and a dismissal of Casey Industrial, Inc.’s claims
against appellant for schedule compression, additional steel costs, steel painting, and
miscellaneous costs for reworking Wheelabrator Air Pollution Control, Inc.’s work is
RENDERED. The cause is REMANDED for further proceedings.
It is ORDERED that appellant recover its costs of appeal from appellee.
SIGNED July 1, 2015.
_____________________________
Sandee Bryan Marion, Chief Justice