City of San Antonio v. Casey Industrial, Inc. ( 2015 )

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