NCS Multistage, LLC v. Boyd & McWilliams Energy Group, Inc. Boyd & McWilliams Operating Rubicon Oil & Gas II LP OIE Winkler JV, LP Harry M. Bettis, Jr., LLC John D. Bettis LLC Collins Periman, LP Rockport Oil & Gas LLC David McWilliams And EKH Minerals

• Court: Court of Appeals of Texas
• Decided: February 15, 2024
• Docket: 08-23-00219-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

NCS MULTISTAGE, LLC, § No. 08-23-00219-CV

Appellant, § Appeal from the

v. § 109th Judicial District Court

BOYD & MCWILLIAMS ENERGY § of Winkler County, Texas GROUP, INC.; BOYD & MCWILLIAMS OPERATING; RUBICON OIL & GAS II LP; § (TC#DC19-17669) OIE WINKLER JV, LP; HARRY M. BETTIS, JR., LLC; JOHN D. BETTIS LLC; COLLINS § PERIMAN, LP; ROCKPORT OIL & GAS LLC; DAVID MCWILLIAMS; and EKH § MINERALS, § Appellees. §

MEMORANDUM OPINION

Before this Court is Appellant’s unopposed motion to dismiss. Appellant’s motion states

that the parties have settled the dispute underlying this appeal and seeks a dismissal pursuant to

Texas Rule of Appellate Procedure 42.1(a)(2) (voluntary dismissal by agreement). That rule

provides for this Court to: “(A) render judgment effectuating the parties’ agreement; (B) 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; or (C) abate the appeal and permit

proceedings in the trial court to effectuate the agreement.” TEX. R. APP. P. 42.1(a)(2)(A)–(C).

Because the parties have not filed a joint motion or a settlement agreement with the clerk

as required by Rule 42.1(a)(2), we construe the motion and relief requested therein as a motion by

Appellant to dismiss the appeal under Rule 42.1(a)(1). See TEX. R. APP. P. 42.1(a)(1) (allowing

appellate courts to dismiss an appeal on the motion of the appellant.). The motion to dismiss the

appeal is granted. Costs of the appeal are taxed against the party incurring the same pursuant to

the unopposed motion. See TEX. R. APP. P. 42.1(d).

LISA J. SOTO, Justice

February 15, 2024

Before Alley, C.J., Palafox and Soto, JJ.