Better Energy v. W. Atlas

Full title: BETTER ENERGY SOURCES AND TECHNOLOGY, INC. D/B/A BEST RESOURCES, Appellant…

Court: Court of Appeals of Texas, Eleventh District, Eastland

Date published: Jul 24, 2008

No. 11-07-00002-CV (Tex. App. Jul. 24, 2008)

Opinion

No. 11-07-00002-CV

Opinion filed July 24, 2008.

On Appeal from the 385th District Court Midland County, Texas, Trial Court Cause No. CV-42,168.

Panel consists of: WRIGHT, C.J., McCALL, J., and BOYD, S.J.¹

1 John T. Boyd, Retired Chief Justice, Court of Appeals, 7th District of Texas at Amarillo sitting by assignment.

MEMORANDUM OPINION

PER CURIAM.

Western Atlas International, Inc. has asked this court to dismiss this appeal because the issues in this appeal were resolved as a matter of law and are therefore moot. The record shows that the trial court ruled on some of the parties' claims in a summary judgment order but that, prior to the entry of a final judgment, Better Energy Sources and Technology, Inc. d/b/a Best Resources and Western Atlas each filed a motion to dismiss without prejudice. The motions were granted, and the trial court entered orders dismissing all claims made by Better Energy and all claims made by Western Atlas. Thus, all of Better Energy's claims and all of Western Atlas's counterclaims were resolved by voluntary dismissal. The claims in this appeal are therefore moot. After due consideration of the motion, it is the order of this court that Western Atlas's motion to dismiss Better Energy's appeal is granted.

The appeal is dismissed.