TX-NM PIPELINE v. EOTT E PIPELINE L.P.

Full title: TEXAS-NEW MEXICO PIPELINE CO., Appellant v. EOTT ENERGY PIPELINE LIMITED…

Court: Court of Appeals of Texas, Eighth District, El Paso

Date published: Jul 29, 2003

No. 08-03-00228-CV (Tex. App. Jul. 29, 2003)

Opinion

No. 08-03-00228-CV.

July 29, 2003.

Appeal from the 238th District Court of Midland County, Texas (TC# CV-44,099).

Attorneys for Appellant: Hon. Scott P. Stolley, Thompson Knight, A Professional Corporation, 1700 Pacific Ave., Suite 3300, Dallas, TX 75201-4693.

Hon. Michael L. Neely, Brown Carls, L.L.P., 106 E. 6th St., Suite 550, Austin, TX 78701.

Attorneys for Appellee: Hon. Paul M. Bohannon, Andrews Kurth, L.L.P., 10001 Woodloch Forest Drive, Suite 200, Spring, TX 77380.

Hon. David W. Holman, Holman Keeling, PC, Lyric Centre, 440 Louisiana, Ste. 2220, Houston, TX 77002.

Before Panel No. 3 BARAJAS, C.J., LARSEN, and CHEW, JJ.

MEMORANDUM OPINION

DAVID WELLINGTON CHEW, Justice

Pending before the Court is Appellant's motion to dismiss this appeal. Tex.R.App.P. 42.1(a)(1) states:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

Appellant has complied with the requirements of Rule 42.1(a)(1). The Court has considered this cause on Appellant's motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal. All costs incurred are taxed against Appellant. See Tex.R.App.P. 42.1(d).