Opinion
NUMBER 13-13-00446-CV
12-19-2013
DONALD D. POWERS AND LESLIE E. POWERS, INDIVIDUALLY AND AS CO-TRUSTEES OF THE DONALD D. POWERS AND LESLIE E. POWERS CHARITABLE REMAINDER UNITRUST, APPELLANTS, v. EOG RESOURCES, INC., WALTER C. ENGLISH, JR. LEGACY, LLC., APPELLEES.
On Appeal from the 25th District Court
of Gonzales County, Texas.
MEMORANDUM OPINION
Before Justices Benavides, Perkes, and Longoria
Memorandum Opinion Per Curiam
This appeal was abated by this Court on November 15, 2013, for purposes of finalizing a settlement agreement. This cause is now before the Court on an agreed motion to dismiss the appeal on grounds that a settlement agreement has been executed and there is no longer any controversy among the parties to this appeal. The parties request that this Court dismiss the appeal. Accordingly, this case is hereby REINSTATED.
The Court, having considered the documents on file and the agreed motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). The agreed motion to dismiss is GRANTED, and the appeal is hereby DISMISSED. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at the parties' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.
PER CURIAM