Roan Real Estate Company, Inc. v. Asarco, Incorporated F/K/A American Smelting and Refining Company

• Court: Court of Appeals of Texas
• Decided: May 21, 2009
• Docket: 13-04-00667-CV
• Status: Published

Opinion

NUMBER 13-04-00667-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

ROAN REAL ESTATE COMPANY, INC., Appellant,

v.

ASARCO, INCORPORATED, F/K/A AMERICAN SMELTING AND REFINING COMPANY, Appellee. _____________________________________________________________

On appeal from the 319th District Court of Nueces County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

This appeal was abated by this Court on October 6, 2005, due to the bankruptcy of

one of the parties to this appeal. See 11 U.S.C. § 362; see generally TEX . R. APP. P. 8.

Since the abatement there has been no activity in this appeal. On April 22, 2009, the Court ordered the parties to file an advisory regarding the status of the appeal and, if applicable,

a motion to reinstate the appeal or a motion to dismiss the appeal.

Appellant responded to the order by filing an unopposed motion to dismiss, advising

the parties had entered into a settlement agreement which was approved by the

bankruptcy court and that the appeal should be dismissed. Accordingly, appellant’s

unopposed motion to dismiss is GRANTED and the appeal is hereby DISMISSED. In

accordance with the agreement of the parties, costs are taxed against the party incurring

same. See TEX . R. APP. P. 42.1(d). Having dismissed the appeal at appellant's request,

no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered and filed this the 21st day of May, 2009.