IN THE
TENTH COURT OF APPEALS
No. 10-06-00265-CV
Chesapeake Exploration Limited
Partnership, Hallwood Energy III, LP,
and Chesapeake Sigma, LP,
Appellants
v.
Corine Incorporated and Drewland
Enterprises, Inc.,
Appellees
From the 413th District Court
Johnson County, Texas
Trial Court No. C-2006-00419
MEMORANDUM Opinion
This Court issued an opinion and judgment affirming the trial court’s judgment in this appeal on August 29, 2007. On August 30, we received an agreed motion to dismiss the appeal. The parties note that they executed a formal settlement agreement and as a result, jointly request this Court to set aside the trial court’s judgment, remand the case to the trial court with instructions to vacate the prior summary judgment dated June 6, 2006, and dismiss all claims with prejudice as to trial court numbers C-2004-00543 and C-2006-00419. The parties also agree to be responsible for their own costs and attorney’s fees.
An agreed motion to withdraw this Court’s opinion was filed on September 10, 2007.
The motion to set aside the trial court’s judgment without regard to the merits is granted. Tex. R. App. P. 42.1(a)(2)(B). However, because we have already issued an opinion in this appeal, we have decided not to withdraw the opinion already issued. Tex. R. App. P. 42.1(c); see Service Finance v. Adriatic Ins. Co, 51 S.W.3d 450 (Tex. App.—Waco 2001, no pet.); Polley v. Odom, 963 S.W.2d 917 (Tex. App.—Waco 1998, order). The motion to withdraw the Court’s opinion is denied.
Accordingly, our judgment, but not our opinion, dated August 29, 2007 is withdrawn; and we substitute in its place a judgment setting aside the trial court’s judgment, remanding the case to the trial court with instructions to vacate the prior summary judgment dated June 6, 2006, and to dismiss all claims with prejudice as to trial court numbers C-2004-00543 and C-2006-00419. As per the agreement of the parties, cost is assessed against the party incurring the same.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Trial court judgment set aside; Appeals Court judgment withdrawn and
remanded with instructions
Opinion delivered and filed September 19, 2007
[CV06]
CG Times', serif"> Justice Vance, and
Justice Gray
Appeal dismissed
Opinion delivered and filed October 31, 2001
Do not publish
[CV06]