Opinion
No. 04-15-00750-CV
02-03-2016
CHEMROCK TECHNOLOGIES, LLC, Appellant v. PEL-STATE BULK PLANT, LLC, Shell Western E&P, Appellees
From the 365th Judicial District Court, Dimmit County, Texas
Trial Court No. 13-07-12049-DCVAJA
Honorable Amado J. Abascal, III, Judge Presiding
ORDER
This appeal arises from original suit filed in Dimmit County by Shell Western E&P, Inc. (SWEPI) against Pel-State Bulk Plant, LLC. Seven parties intervened (Intervening Parties). The trial court struck the plea in intervention. Subsequently, the trial court granted Pel-State's motion for summary judgment on SWEPI's claims.
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 granting of Pel-State'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' brief(s) shall be due within 30 days from the date of this order. SWEPI and Pel-State's brief(s) shall be due within 30 days of the filing of the intervening parties' brief(s).
In the summary judgment appeal, SWEPI's brief shall be due within 30 days from the date of this order. Pel-State's brief 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 3rd day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court