Schlumberger Tech. Corp. v. Spotted Lakes, LLC

Full title: SCHLUMBERGER TECHNOLOGY CORPORATION., Appellant, v. SPOTTED LAKES, LLC…

Court: COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Jul 30, 2020

NUMBER 13-18-00653-CV (Tex. App. Jul. 30, 2020)

Opinion

NUMBER 13-18-00653-CV

07-30-2020

SCHLUMBERGER TECHNOLOGY CORPORATION., Appellant, v. SPOTTED LAKES, LLC, Appellee.

Per Curiam

On appeal from the 24th District Court of De Witt County, Texas.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Benavides and Longoria
Memorandum Opinion Per Curiam

On January 24, 2029, the Court ordered the parties to mediation and stayed the appeal. Since that the time the parties have requested, and the Court has granted extensions of the stay while the parties finalized an agreement to resolve their disputes. This cause is now before the Court on the parties' joint motion to vacate the trial court's judgment and remand to the trial court because the parties have reached an settlement agreement. We grant the motion.

The parties' joint motion to vacate and remand dated May 22, 2020 requested the following relief:

Pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure, and in accordance with the terms of their agreement, the parties in this matter respectfully and jointly request that, without regard to the merits, and that with the exception of the trial court's severance of this matter into Cause No. 14-12-23,272-A, in the 24th District Court, Dewitt County, that this Court (1) vacate the trial court's order of order of August 27th, 2018 granting Spotted Lakes LLC's Amended and Supplemental Traditional and No-Evidence Motion for Partial Summary Judgment on Schlumberger's Breach-of-Contract Claims; and (2) that this court remand this case to the trial court for rendition of judgment in accordance with the parties' agreement pursuant to TEX. R. APP. P. 42.1(a)(2)(B).

It is further requested that the court issue its mandate immediately upon its final order in this case.

Given the foregoing, we REINSTATE the appeal. We GRANT the parties' joint motion to vacate the judgment below, other than the severance as specified above, we allow the voluntary dismissal of the appeal, see id. R. 42.1(a)(2), and we assess costs against the parties incurring same. See id. R. 42.1(d).¹. The cause is REMANDED to the trial court for rendition of judgment in accordance with the agreement. See id. R. 42.1(a)(2)(B).

1 We further GRANT the parties' joint request to expedite issuance of the mandate.

PER CURIAM Delivered and filed the 30th day of July, 2020.