Fort Apache Energy, Inc., David Jacob Hrivnatz, in His Capacity as Permanent Guardian of the Person and Estate of David Allan Hrivnatz, an Incapacitated Person, and Harry G. Hrivnatz Jr. v. Resaca Resources, LLC

• Court: Court of Appeals of Texas
• Decided: March 5, 2015
• Docket: 09-14-00325-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00325-CV ____________________

FORT APACHE ENERGY, INC., R. KEITH MORRIS, III, ADMINISTRATOR OF THE ESTATE OF VANNIE HRIVNATZ, DAVID JACOB HRIVNATZ, IN HIS CAPACITY AS PERMANENT GUARDIAN OF THE PERSON AND ESTATE OF DAVID ALLAN HRIVNATZ, AN INCAPACITATED PERSON, AND HARRY G. HRIVNATZ JR., Appellants

V.

RESACA RESOURCES, LLC, ET AL, Appellees _______________________________________________________ ______________

On Appeal from the 88th District Court Tyler County, Texas Trial Cause No. 22494 ________________________________________________________ _____________

MEMORANDUM OPINION

R. Keith Morris, III, Administrator of the Estate of Vannie Hrivnatz, filed a

motion to dismiss his appeal. The motion is voluntarily made by Morris prior to

any decision of this Court. See Tex. R. App. P. 42.1(a)(1). Other parties also filed

notice of appeal but have not joined the motion to dismiss the appeal. A severable

portion of an appeal may be dismissed if it will not prejudice the remaining parties.

1 See Tex. R. App. P. 42.1(b). No party filed an objection to granting the motion to

dismiss.

The motion to dismiss is granted and the appeal of R. Keith Morris, III,

Administrator of the Estate of Vannie Hrivnatz, is dismissed. See Tex. R. App. P.

42.1(a)(1). The appeals by Fort Apache Energy, Inc., David Jacob Hrivnatz, in his

capacity as Permanent Guardian of the Person and Estate of David Allan Hrivnatz,

an Incapacitated Person, and Harry G. Hrivnatz Jr. shall proceed in due course on

the Court’s active docket. See generally Tex. R. App. P. 42.1(b). We direct the

Clerk of the Court to re-style the appeal as Fort Apache Energy, Inc., David Jacob

Hrivnatz, in his capacity as Permanent Guardian of the Person and Estate of

David Allan Hrivnatz, an Incapacitated Person, and Harry G. Hrivnatz Jr. v.

Resaca Resources, LLC, et al.

APPEAL DISMISSED IN PART.

PER CURIAM

Submitted on March 4, 2015 Opinion Delivered March 5, 2015

Before McKeithen, C.J., Kreger and Horton, JJ.