Willbros v. E. Pipe Line

Full title: WILLBROS ENGINEERS (U.S.), LLC, Cross-Appellant v. PANHANDLE EASTERN PIPE…

Court: Court of Appeals of Texas, First District, Houston

Date published: Jul 14, 2011

No. 01-10-00862-CV (Tex. App. Jul. 14, 2011)

Opinion

No. 01-10-00862-CV

Opinion issued July 14, 2011.

On Appeal from the 269th District Court, Harris County, Texas, Trial Court Case No. 2008-20483.

Panel consists of Justices KEYES, HIGLEY, and YATES.²

2 The Honorable Leslie B. Yates, former Justice of the Fourteenth Court of Appeals, sitting by appointment.

MEMORANDUM OPINION

PER CURIAM.

Cross-appellant, ¹ Willbros Engineers (U.S.), LLC, filed a motion to dismiss its cross-appeal on May 11, 2011. The certificate of conference indicates that cross-appellee, Panhandle Eastern Pipe Line Company, LP, agrees to this motion.

1 Panhandle Eastern Pipe Line Company, LP, originally filed this appeal on October 7, 2010, challenging the trial court's September 17, 2010 ruling on Willbros Engineers' motion to dismiss. The trial court subsequently reconsidered its ruling on December 7, 2010, and Panhandle filed a motion to dismiss its interlocutory appeal on December 10, 2010. On January 20, 2011, this Court issued a memorandum opinion and judgment dismissing Panhandle's appeal. Following the trial court's December 7, 2010 ruling, Willbros Engineers filed a second notice of appeal challenging the new ruling, which is the portion of this case currently before us.

Without passing on the merits of the case, we grant Willbros Engineers' motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). The motion does not indicate an agreement of the parties regarding allocation of costs of the cross-appeal. We therefore tax costs of the cross-appeal against Willbros Engineers as cross-appellants. See TEX. R. APP. P. 42.1(d).