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Powers v. EOG Resources, Inc.

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

December 19, 2013

DONALD D. POWERS AND LESLIE E. POWERS, INDIVIDUALLY AND AS CO-TRUSTEES OF THE DONALD D. POWERS AND LESLIE E. POWERS CHARITABLE REMAINDER UNITRUST, APPELLANTS,
v.
EOG RESOURCES, INC., WALTER C. ENGLISH, JR. LEGACY, LLC., APPELLEES.

On Appeal from the 25th District Court of Gonzales County, Texas.

Before Justices Benavides, Perkes, and Longoria

MEMORANDUM OPINION

PER CURIAM

This appeal was abated by this Court on November 15, 2013, for purposes of finalizing a settlement agreement. This cause is now before the Court on an agreed motion to dismiss the appeal on grounds that a settlement agreement has been executed and there is no longer any controversy among the parties to this appeal. The parties request that this Court dismiss the appeal. Accordingly, this case is hereby REINSTATED.

The Court, having considered the documents on file and the agreed motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). The agreed motion to dismiss is GRANTED, and the appeal is hereby DISMISSED. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See Tex. R. App. P. 42.1 (d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed ...


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