Opinion
No. 11-15-00248-CV
02-28-2018
TNC ENERGY, LLC; TOMMY WEDER, JR.; AND TOMMY WEDER, SR., Appellants v. CRESCENT SUPPLY COMPANY, Appellee
On Appeal from the 350th District Court Taylor County, Texas
Trial Court Cause No. 10328-D
MEMORANDUM OPINION
TNC Energy, LLC; Tommy Weder, Jr.; and Tommy Weder, Sr. timely filed a restricted appeal in this cause. Based upon the filing of an involuntary bankruptcy petition against TNC, this court abated this appeal on December 3, 2015. See TEX. R. APP. P. 8.1, 8.2. The parties were requested to inform this court of the resolution of the bankruptcy proceedings or any other event that would allow this appeal to be reinstated. See TEX. R. APP. P. 8.3.
Tommy Weder, Jr. and Tommy Weder, Sr. (the Weders) have now filed in this court an unopposed motion for partial dismissal of this appeal. Attached to the motion is an order in which the bankruptcy court modified the automatic stay to allow this appeal to proceed as to the Weders and Crescent. The Weders assert in their motion for partial dismissal that they have settled with Crescent and no longer wish to pursue their appeal. They also indicate that the partial dismissal will not prejudice the remaining parties to this appeal. According to the certificate of conference, Crescent does not oppose the motion. In accordance with the Weders' request, we dismiss the portion of this appeal filed by the Weders. See TEX. R. APP. P. 42.1(a)(1).
The motion for partial dismissal is granted, and this appeal is dismissed in part. The remainder of this appeal, TNC Energy, LLC v. Crescent Supply Company, remains abated. TNC and Crescent are requested to inform this court of the resolution of the bankruptcy proceedings or any other event that would allow the remaining portion of this appeal to be reinstated. See TEX. R. APP. P. 8.3.
PER CURIAM February 28, 2018 Panel consists of: Willson, J.,
Bailey, J., and Wright, S.C.J.
Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.