TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
ON MOTION FOR REHEARING
NO. 03-13-00081-CV
Twenty First Century Holdings, Inc. d/b/a American Geothermal Systems, Inc.;
Victor DeMarco; and N. West Short, Appellants
v.
Precision Geothermal Drilling, L.L.C., Appellee
FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY,
NO. C-1-CV-12–12503, HONORABLE ERIC SHEPPERD, JUDGE PRESIDING
MEMORANDUM OPINION
On April 23, 2015, a panel of this Court issued its opinion and judgment in this
appeal. Appellants then filed a motion for rehearing. While the motion was pending, appellants
filed an agreed motion to dismiss based on the parties’ settlement of this case.
The motion to dismiss is granted. This Court’s judgment of April 23, 2015, is
vacated, and the appeal is dismissed. See Tex. R. App. P. 42.1(a)(1). In accordance with the
agreement of the parties, costs will be taxed against the party incurring same. See id. 42.1(d)
(“Absent agreement of the parties, the court will tax costs against the appellant.”). Appellants’
motion for rehearing is dismissed as moot. Pursuant to Rule 42.1(c), this Court’s opinion issued on
April 23, 2015, is not withdrawn. See id. 42.1(c).
__________________________________________
Melissa Goodwin, Justice
Before Chief Justice Rose, Justices Puryear and Goodwin
Dismissed on Appellants’ Motion
Filed: August 28, 2015
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