Dan Burgess, Kevin Cross, Al Foley, John McClelland, Mari Odom, Randy Tauscher and Keith West v. Scott D. Martin and SKM Partnership, Ltd., Individually and Shareholders on Behalf of Martin Resource Management Corporation

Opinion

Opinion issued October 12, 2012.

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-11-00243-CV ——————————— DAN BURGESS, KEVIN CROSS, AL FOLEY, JOHN MCCLELLAND, MARI ODOM, RANDY TAUSCHER, AND KEITH WEST, Appellants V. SCOTT D. MARTIN, SKM PARTNERSHIP, LTD., AND KCM, LLC, INDIVIDUALLY AND SHAREHOLDERS ON BEHALF OF MARTIN RESOURCE MANAGEMENT CORPORATION, Appellees

On Appeal from the 215th District Court Harris County, Texas Trial Court Case No. 2008-53948

MEMORANDUM OPINION Appellants filed an unopposed motion to dismiss on October 5, 2012,

indicating the parties have settled. We withdraw our opinion and judgment of

October 11, 2012, and we issue this opinion in its stead. We order the cause

dismissed with prejudice. TEX. R. APP. P. 42.1(a)(2). Costs of this appeal and in

the court below are to be borne by the party incurring them. The Clerk of this

Court is directed to issue the mandate immediately. TEX. R. APP. P. 18.1.

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Huddle.