Flying Diamond-West Madisonville Limited Partnership, Sol Levine, and Mardan Energy Corporation v. GW Petroleum, Inc., Great Western Onshore, Inc., Forcenergy Onshore, Inc., Cascade Energy Corporation, Faulconer 1996 LLC, Gulfwest Oil Company, and Gulfwest Oil & Gas Company

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-07-00281-CV

FLYING DIAMOND-WEST MADISONVILLE LIMITED PARTNERSHIP, SOL LEVINE, AND MARDAN ENERGY CORPORATION, Appellants v.

GW PETROLEUM, INC., GREAT WESTERN ONSHORE, INC., FORCENERGY ONSHORE, INC., CASCADE ENERGY CORPORATION, FAULCONER 1996 LLC, GULFWEST OIL COMPANY, AND GULFWEST OIL & GAS COMPANY, Appellees

From the 278th District Court Madison County, Texas Trial Court No. 6354

MEMORANDUM OPINION

Appellants, Flying Diamond-West Madisonville Limited Partnership, Sol Levine,

and Mardan Energy Corporation filed a notice of appeal on September 13, 2007. This

Court issued its opinion and judgment affirming in part and reversing in part on August 26, 2009. A motion for rehearing was filed on September 11, 2009. This Court

referred this cause to mediation on October 7, 2009.

Appellants and Appellees now jointly seek a dismissal of this appeal because the

parties have settled their dispute in mediation and they no longer wish to pursue the

appeal. The parties have agreed that the costs of appeal should be borne by the party

incurring them.

Therefore, we withdraw the prior judgment entered in this cause dated August

26, 2009. The opinion of the Court issued on August 26, 2009 is not withdrawn. TEX. R.

APP. P. 42.1(c).

Accordingly, this appeal is dismissed and the court costs are assessed against the

party incurring them. TEX. R. APP. P. 42.1. The motion for rehearing is denied as moot.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Reyna, and Justice Davis Dismissed Opinion delivered and filed April 14, 2010 [CV06]

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