Duma Energy Corporation F/K/A Strategic American Oil Corporation and Galveston Bay Energy, LLC v. ERG Resources, LLC

Opinion issued December 4, 2014. In The Court of Appeals For The First District of Texas ———————————— NO. 01-14-00147-CV ——————————— DUMA ENERGY CORPORATION F/K/A STRATEGIC AMERICAN OIL CORPORATION AND GALVESTON BAY ENERGY, LLC, Appellants V. ERG RESOURCES, LLC, Appellee On Appeal from the 55th District Court Harris County, Texas Trial Court Case No. 2011-37552 MEMORANDUM OPINION The parties, representing that have agreed to settle all matters in controversy in the appeal and underlying lawsuit, have filed an “Agreed Joint Motion to Dismiss Appeal,” requesting that we dismiss the appeal, vacate the trial court’s final judgment, and dismiss the underlying case with prejudice. See TEX. R. APP. P. 42.1(a). No opinion has issued. See TEX. R. APP. P. 42.1(c). Accordingly, we reinstate this proceeding on the Court’s active docket, grant the parties’ motion, vacate the trial court’s judgment, and dismiss the case. See TEX. R. APP. P. 42.1(a)(2)(A), 43.2(e); Jester Venture, Ltd. v. Nash, No. 01-06- 00512-CV, 2006 WL 2042358, at *1 (Tex. App.—Houston [1st Dist.] July 17, 2006, no pet.) (mem. op.) (vacating trial court’s judgment and dismissing case on parties’ agreed motion). We dismiss all other pending motions as moot. PER CURIAM Panel consists of Justices Jennings, Sharp, and Massengale. 2