ETC Northeast Field Services, LLC v. PennEnergy Resources, LLC

• Court: Court of Appeals of Texas
• Decided: July 18, 2024
• Docket: 10-23-00022-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00022-CV

ETC NORTHEAST FIELD SERVICES, LLC, Appellant v.

PENNENERGY RESOURCES, LLC, Appellee

From the 82nd District Court Robertson County, Texas Trial Court No. 22-09-21523-CV

MEMORANDUM OPINION

ETC Northeast Field Services, LLC, and PennEnergy Resources, LLC, have filed a

“Joint Motion to Dismiss Interlocutory Appeal and Request to Expedite” asserting that

they have settled their disputes in the underlying proceeding. Accordingly, the parties

request that we

(1) set aside the trial court’s Order Confirming Arbitration Award and Denying Motions to Vacate and Reconsider signed January 11, 2023, without regard to the merits; (2) remand the matter to the trial court for entry of an order vacating all Delivery Point Arbitration awards and entry of a final judgment conforming with the parties’ settlement agreements; (3) dismiss the interlocutory appeal with prejudice; and (4) issue mandate immediately.

We have no authority to dismiss the appeal and remand the case to the trial court.

See TEX. R. APP. P. 42.1(a)(2). We have the authority, however, to set aside the trial

court’s judgment without regard to the merits and remand the case to the trial court for

rendition of judgment in accordance with the agreement of the parties. See TEX. R. APP.

P. 42.1(a)(2)(B); 43.2(d).

Accordingly, the parties’ “Joint Motion to Dismiss Interlocutory Appeal and

Request to Expedite” is granted to the extent authorized. The trial court’s Order

Confirming Award and Denying Motions to Vacate and Reconsider, signed on January

11, 2023, is set aside without regard to the merits, and the case is remanded to the trial

court for rendition of judgment in accordance with the agreement of the parties. Costs

of appeal are taxed against the party incurring same. See id. R. 42.1(d). And we order

that this Court’s mandate in this case shall issue immediately. See id. R. 18.1(c).

Because the Court was unable to grant the entirety of the parties’ motion, the

Court has endeavored to implement the substance of the parties’ agreed motion to

achieve the same result. If the parties determine that the judgment of the Court does

not accomplish the parties’ intended result, a timely motion for rehearing must be filed

that addresses the manner in which the Court can implement the agreement of the

parties within the limitations of the Rules of Appellate Procedure. See id. R. 42.1; 49.1.

ETC Northeast Field Services, LLC v. PennEnergy Resources, LLC Page 2 MATT JOHNSON Justice

Before Justice Johnson, Justice Smith, and Justice Davis 1 Set aside and remanded Opinion delivered and filed July 18, 2024 [CV06]

1 The Honorable Rex Davis, Senior Justice (Retired) of the Tenth Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE ANN. §§ 74.003, 75.002, 75.003.

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