Excellence Logging Limited v. Mark Herkommer

• Court: Court of Appeals of Texas
• Decided: October 20, 2022
• Docket: 09-21-00413-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00413-CV __________________

EXCELLENCE LOGGING LIMITED, Appellant

V.

MARK HERKOMMER, Appellee

__________________________________________________________________

On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 21-03-03547-CV __________________________________________________________________

MEMORANDUM OPINION

By joint motion, the appellant—Excellence Logging Limited—and the

appellee—Mark Herkommer—ask the Court to set aside the trial court’s order

denying Excellence Logging Limited’s Special Appearance. See Tex. R. App. P.

41.1 (a)(2)(B). In addition to that request, the parties ask that the Court remand the

case to the trial court so the trial court may dismiss the case in accordance with the

parties Stipulation of Dismissal with Prejudice, with each party bearing their own

attorney’s fees, court costs, and expenses.

1 We grant the joint motion without reference to the merits of the appeal. And

pursuant to the parties’ request, we vacate the trial court’s Order denying Excellence

Logging Limited’s Special Appearance and remand the case to the trial court for

further proceedings, with these instructions. On remand, the trial court is to dismiss

all the claims filed by Mark Herkommer against Excellence Logging Limited, with

prejudice based on the Stipulation of Dismissal with Prejudice, which the parties

attached to the joint motion they filed in the Court of Appeals.

VACATED AND REMANDED.

PER CURIAM

Submitted on October 14, 2022 Opinion Delivered October 20, 2022

Before Kreger, Horton and Johnson, JJ.