ReadyOne Industries, Inc. and Irma Rivera v. Manuel Ramirez ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
READYONE INDUSTRIES, INC., and §
IRMA RIVERA, No. 08-14-00263-CV
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Appellants, Appeal from the
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v. 243rd Judicial District Court
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MANUEL RAMIREZ, of El Paso County, Texas
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Appellee. (TC# 2014-DCV-1389)
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MEMORANDUM OPINION
The parties have filed a joint motion stating that they have settled the issue in dispute and
asking that we render judgment in favor of Appellants to effectuate the parties’ agreement to
proceed to binding arbitration pursuant to the Mutual Agreement to Arbitrate executed by them.
See TEX.R.APP.P. 42.1(a)(2)(A)(permitting appeals court to dispose of appeal by rendering
judgment effectuating the parties’ agreement); TEX.R.APP.P. 43.2 (permitting appeals court to
reverse the trial court’s judgment and render the judgment the trial court should have rendered).
Because the attorneys representing the parties have signed the settlement agreement and filed it
with the Clerk of this Court, we grant the motion. See TEX.R.APP.P. 42.1(a)(2)(A)(requiring
settlement agreement to be signed by the parties or their attorneys and filed with the clerk before
appeals court can render judgment in accordance with the agreement). Without regard to the
merits, the trial court’s order denying Appellants’ Motion to Compel Arbitration and Stay
Proceeding is reversed and judgment is rendered in favor of Appellants. We assess all costs of
this appeal against Appellants. See TEX.R.APP.P. 42.1(d)(requiring appeals court to assess costs
against appellant absent an agreement by the parties).
October 16, 2015
YVONNE T. RODRIGUEZ, Justice
Before Rodriguez, J., Barajas, and Larsen, Senior Judges
Barajas and Larsen, (Senior Judges)(Sitting by Assignment)
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