in Re: Family Dollar Stores of Texas, LLC ( 2016 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
No. 08-16-00109-CV
IN RE: §
AN ORIGINAL PROCEEDING
§
FAMILY DOLLAR STORES OF IN MANDAMUS
TEXAS, LLC,
§
Relator.
§
§
MEMORANDUM OPINION
Pending before the Court is a joint motion which requests dismissal of this original
proceeding. See TEX.R.APP.P. 42.1(a). The same motion has been filed in the related direct
appeal, Family Dollar Stores of Texas, LLC v. Ana Maria Ramirez, No. 08-16-00111-CV. The
parties represent in the motion that the trial court has entered an order stating that upon dismissal
of this original proceeding, the trial court’s May 16, 2016 order will be vacated, and the parties
will be compelled to arbitrate pursuant to their agreement. The parties request that we dismiss
the original proceeding, 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 dismissal of the original proceeding. We grant the
motion and dismiss this original proceeding.
STEVEN L. HUGHES, Justice
July 29, 2016
Before McClure, C.J., Rodriguez, and Hughes, JJ.
2