Essex Contracting, Inc. v. City of DeSoto

CRIST, Judge.

This appeal arises out of a suit for declaratory judgment and other relief filed by Essex Contracting, Inc. (Essex) against the City of DeSoto (DeSoto). Essex requested a determination that it was entitled to receive $34,683.93 that was being withheld by DeSoto at the direction of the Department of Natural Resources (DNR) and the Department of Labor (DOL), both of whom were joined by DeSoto as third-party defendants. The trial court granted summary judgment for Essex, and Defendants appealed to this court. This court, in Essex Contracting v. City of DeSoto, 775 S.W.2d 208…