Opinion
No. 04-15-00750-CV
02-12-2016
CHEMROCK TECHNOLOGIES, LLC, Appellant v. PEL-STATE BULK PLANT, LLC, Shell Western E&P, Appellee
From the 365th Judicial District Court, Dimmit County, Texas
Trial Court No. 13-07-12049-DCVAJA
Honorable Amado J. Abascal, III, Judge Presiding
ORDER
On February 5, 2016, Shell Western E&P, Inc. (SWEPI) filed an unopposed motion for clarification of this Court's order dated February 3, 2016. This motion is GRANTED. This Court's previous order dated February 3, 2016 is withdrawn, and this order substituted in its place.
This appeal arises from an original suit filed in Dimmit County by Pel-State Bulk Plant, LLC, against Shell Western E&P, Inc. (SWEPI). Seven parties intervened (Intervening Parties). The trial court struck the plea in intervention. Subsequently, the trial court granted partial summary judgment in favor of Pel-State and denied SWEPI's cross-motion for summary judgment.
Upon entry of final judgment, the Intervening Parties appealed the striking of their plea in intervention (intervention appeal). On the same day, SWEPI appealed the trial court's order granting in part Pel-State's motion for summary judgment and denying SWEPI's motion for summary judgment (summary judgment appeal). The two appeals were consolidated into one appeal with one appellate cause number.
On appeal, Pel-State and SWEPI filed a joint motion to sever the intervention appeal from the summary judgment appeal. The Intervening Parties oppose severance. The Intervening Parties filed a motion to stay this appeal until disposition of a related matter involving some of the same parties that is currently being litigated in Webb County. SWEPI and Pel-State oppose the motion to stay.
The motion to stay the appeal is DENIED. The motion to sever the appeal will be carried with the appeal for consideration at a later date.
Although the appeal will proceed under one cause number, for clarity of issues and ease of process, the briefing will be separated between the two different matters: the intervention appeal and the summary judgment appeal.
In the Intervention appeal, the intervening parties filed their brief on January 13, 2016. SWEPI and Pel-State's brief(s) in the Intervention appeal shall be due within 30 days from the date of this Clarified Order.
In the summary judgment appeal, SWEPI's brief shall be due on March 4, 2016. Pel-State's brief in the summary judgment appeal shall be due within 30 days of the filing of SWEPI's brief.
/s/_________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court