State ex rel. J.C. Penney Corp. v. Schroeder

OPINION

GLENN A. NORTON, Presiding Judge.

J.C. Penney Corporation, Inc. seeks a writ of mandamus to order the trial court to dismiss Next Day Motor Freight, Inc.’s breach of contract suit filed against J.C. Penney. We issued a preliminary order in mandamus, and the respondent answered. We dispense with further briefing as permitted by Rule 84.24(j). The preliminary order in mandamus is made absolute.

I. BACKGROUND

J.C. Penney and Next Day entered into a contract wherein Next Day would provide transportation and delivery services for J.C. Penney. After services under the contract were completed,…