Top Cat Ready Mix, LLC v. Alliance Trucking, L.P. and TXI Operations, LP D/B/A Martin Marietta ( 2019 )

Order entered January 22, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00175-CV TOP CAT READY MIX, LLC, Appellant V. ALLIANCE TRUCKING, L.P., Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-07419 ORDER Before Justices Myers, Molberg, and Osborne On our own motion, we WITHDRAW our December 27, 2018 Memorandum Opinion on Motion to Review Trial Court’s Order Setting Amount of Supersedeas Security. Because we are reversing the portion of the trial court’s summary judgment awarding Alliance Trucking, L.P. pre-judgment contractual issue and remanding that issue to the trial court for further proceedings, the question of whether contractual pre-judgment interest should be included in the supersedeas amount is MOOT. /s/ KEN MOLBERG JUSTICE