Dean Davenport, Dillon Water Resources, Ltd., 5D Drilling and Pump Service, Inc., F/K/A Davenport Drilling & Pump Service, Inc., 5D Water Resources, LLC F/K/A Davenport Oper., LLC, Water Exploration Co., Ltd., WAD, Inc., Water Investment Leasing Company v. Tom Hall

Tom Hall,

Fourth Court of Appeals
San Antonio, Texas
May 13, 2015

No. 04-14-00581-CV

Dean DAVENPORT, Dillon Water Resources, Ltd., 5D Drilling and Pump Service, Inc., f/k/a
Davenport Drilling & Pump Service, Inc., 5D Water Resources, LLC f/k/a Davenport Oper.,
LLC, Water Exploration Co., Ltd., WAD, Inc., Water Investment Leasing Company,,
Appellants

v.

Tom HALL, et al.,
Appellee

From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-03086
Honorable Peter A. Sakai, Judge Presiding

AMENDED ORDER
Before the Court is appellees/cross-appellants’ (Hall parties) motion to dismiss the appeal
and appellants/cross-appellees’ (Davenport parties) motion to abate appeal.

The trial court signed the final judgment in this matter on May 20, 2014. The Hall parties
filed a motion for new trial, and the trial court granted this motion on September 2, 2014. In the
meantime, however, the Davenport and Hall parties both filed notices of appeal in this court.
The Hall parties then filed a motion to dismiss the appeal based upon lack of appellate
jurisdiction. The Davenport parties filed a writ of mandamus challenging the trial court’s order
granting a new trial and a motion to abate this appeal until the time the mandamus is determined.

The Davenport parties’ motion to abate is GRANTED. The Hall parties’ motion to
dismiss is DENIED.
_________________________________
Jason Pulliam, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 14th day of May, 2015.

___________________________________
Keith E. Hottle
Clerk of Court