Opinion
NO. 01-12-00262-CV
08-15-2013
MELISSA MACHELLE CLARK AND STETSON BENNINGFIELD, Appellants v. EOG RESOURSES INC., VAQUERO SERVICES, L.P., AND VAQUERO EXPLORATION, L.L.C., Appellees
On Appeal from the 270th District Court
Harris County, Texas
Trial Court Case No. 2010-66372
MEMORANDUM ORDER OF DISMISSAL
Appellants, Melissa Machelle Clark and Stetson Benningfield, filed a notice of appeal on March 12, 2012, appealing from the trial court's judgment as to appellees EOG Resources Inc., Vaquero Services, L.P., and VAQUERO EXPLORATION, L.L.C. On June 17, 2013, appellants filed a "Motion to Dismiss Appeal as to Appellees Vaquero Services, L.P. and Vaquero Exploration, L.L.C.," requesting dismissal of their appeal as it pertains to Vaquero Services, L.P. and Vaquero Exploration, L.L.C. No other party has filed a notice of appeal, and no opinion has issued. Further, although appellants failed to include a certificate of conference in their motion, more than 10 days have passed and no party has objected to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).
Accordingly, we GRANT the motion and ORDER that appellants' appeal from the trial court's judgment be dismissed as to appellees Vaquero Services, L.P. and Vaquero Exploration, L.L.C. See TEX. R. APP. P. 42.1(a)(1), 42.1(b). Appellants' appeal remains pending as to appellee EOG Resources Inc.
We dismiss appellees Vaquero Services, L.P. and Vaquero Exploration, L.L.C.'s second motion for extension of time to file their brief as moot.
It is so ORDERED.
PER CURIAM Panel consists of Chief Justice Radack and Justices Sharp and Massengale.