COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
§
FAMILY DOLLAR STORES OF No. 08-16-00111-CV
TEXAS, LLC, §
Appeal from the
Appellant, §
County Court at Law No. 7
v. §
of El Paso County, Texas
ANA MARIA RAMIREZ, §
(TC# 2015-DCV-2741)
Appellee. §
MEMORANDUM OPINION
Pending before the Court is a joint motion which requests that the trial court’s order
refusing to compel arbitration be set aside, without regard to the merits, and the case remanded
for rendition of judgment in accordance with the parties’ agreement. See TEX.R.APP.P.
42.1(a)(2)(B). The same motion has been filed in the related original proceeding, In re Family
Dollar Stores of Texas, LLC, Relator, No. 08-16-00109-CV. The parties represent in the motion
that the trial court has entered an order stating that upon dismissal of this appeal, the trial court’s
order dated May 16, 2016 will be vacated, and the parties will be compelled to arbitrate pursuant
to their agreement. The parties request that we dismiss the appeal, but the motion also asks the
Court to set aside the trial court’s order dated May 16, 2016, without regard to the merits, and
remand the case for rendition of judgment in accordance with the agreement of the parties. An
appellate court cannot dismiss an appeal or original proceeding, and at the same time, grant
affirmative relief in the case. Consequently, we have construed the motion as requesting relief
under Rule 42.1(a)(2)(B). The motion is granted. We vacate the trial court’s order dated May
16, 2016, without regard to the merits, and we remand the case to the trial court for rendition of
judgment in accordance with the parties’ agreement. Further, costs of the appeal are assessed
against the party incurring same.
STEVEN L. HUGHES, Justice
July 29, 2016
Before McClure, C.J., Rodriguez, and Hughes, JJ.
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