Air Products Helium, Inc. v. Messer Helium Cliffside LLC and Cliffside Refiners L.P.

• Court: Court of Appeals of Texas
• Decided: November 20, 2024
• Docket: 07-24-00315-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00315-CV

AIR PRODUCTS HELIUM, INC., APPELLANT

V.

MESSER HELIUM CLIFFSIDE LLC AND CLIFFSIDE REFINERS L.P., APPELLEES

On Appeal from the 108th District Court Potter County, Texas Trial Court No. 112297-E-CV, Honorable Douglas R. Woodburn, Presiding

November 20, 2024 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Air Products Helium, Inc., appeals from the trial court’s Amended

Temporary Injunction Order. Now pending before this Court is Appellant’s unopposed

motion seeking voluntary dismissal of the appeal. The Court finds that the motion

complies with the requirements of Rule of Appellate Procedure 42.1(a)(1) and that

granting the motion will not prevent any party from seeking relief to which it would

otherwise be entitled. As no decision of the Court has been delivered to date, we grant

the motion. The appeal is dismissed. Because the motion does not reflect an agreement of the parties concerning the payment of costs, costs will be taxed against Appellant. See

TEX. R. APP. P. 42.1(d). No motion for rehearing will be entertained and our mandate will

issue forthwith.

Per Curiam