Anderton, Lew and Anderton Development Partnership, LP v. Cawley, William R., Individually and as Trustee of the Bill Cawley 1997 Revocable Trust

Opinion

REMAND; Opinion issued January 31, 2013

S In The Court of Appeals Fifth District of Texas at Dallas )))))))))))))))))))))))))))) No. 05-12-00365-CV ))))))))))))))))))))))))))))

LEW ANDERTON, Appellant

V.

WILLIAM R. CAWLEY, INDIVIDUALLY AND AS TRUSTEE OF THE BILL CAWLEY 1997 REVOCABLE TRUST AND BOT REAL ESTATE, LLC, Appellees

4444444444444444444444444444444444444444444444444444444444444 On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. 08-05426-K 4444444444444444444444444444444444444444444444444444444444444 MEMORANDUM OPINION Before Chief Justice Wright and Justices Francis and Lang-Miers

On March 15, 2012, appellant filed his notice of appeal seeking review of two post-judgment

orders of the trial court. On May 8, 2012, in cause number 05-10-00693-CV, this Court reversed

the judgment that was the basis for the orders on appeal in this cause. See Anderton v. Cawley, 378

S.W.3d 38 (Tex. App.—Dallas 2012, no pet.). The Court issued its mandate in that cause on

November 8, 2012. On November 13, 2012, appellant moved for summary disposition of this

appeal, or, alternatively, for remand to the trial court for vacation of its post-judgment orders.

Appellees did not file a response to the motion. The Court GRANTS the motion and REVERSES

the trial court’s April 6, 2011 Order Dissolving Mineral Interests, Ltd. and Appointing Appraiser

and the December 19, 2011 Additional Order Relating to Order Dissolving Mineral Interests, Ltd. and Appointing Appraiser. The Court REMANDS this cause to the trial court for further

proceedings.

PER CURIAM

120365F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LEW ANDERTON, Appellant Appeal from the 192nd Judicial District Court of Dallas County, Texas. (Tr.Ct.No. 08- No. 05-12-00365-CV V. 05426-K). Opinion delivered per curiam before Chief WILLIAM R. CAWLEY, INDIVIDUALLY Justice Wright and Justices Francis and Lang- AND AS TRUSTEE OF THE BILL Miers. CAWLEY 1997 REVOCABLE TRUST AND BOT REAL ESTATE, LLC, Appellees

Based on the Court’s opinion of this date, we REVERSE the trial court’s April 6, 2011 Order Dissolving Mineral Interests, Ltd. and Appointing Appraiser and its December 19, 2011 Additional Order Relating to Order Dissolving Mineral Interests, Ltd. and Appointing Appraiser. The Court REMANDS this cause to the trial court for further proceedings. We ORDER that appellant recover his costs of this appeal from appellees.

Judgment entered January 31, 2013.

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE