SWN Production (Louisiana), LLC v. Beland Energy, LLC

• Court: Court of Appeals of Texas
• Decided: October 8, 2024
• Docket: 01-23-00888-CV
• Status: Published

Opinion

Opinion issued October 8, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00888-CV ——————————— SWN PRODUCTION (LOUISIANA), LLC, Appellant V. BELAND ENERGY, LLC, Appellee

On Appeal from the 113th District Court Harris County, Texas Trial Court Case No. 2023-29142

MEMORANDUM OPINION

Appellant, SWN Production (Louisiana), LLC, filed a notice of appeal from

the trial court’s November 8, 2023 order. On February 23, 2024, appellant filed a

motion to abate the appeal representing that the appellant and appellee, Beland

Energy, LLC, had “reached a settlement in principle that would result in the voluntary dismissal of this appeal.” In order to “save the parties’ and the Court’s

resources,” appellant requested abatement of the appeal “while the parties finalize[d]

the settlement.” The Court granted the motion and abated the appeal pending

settlement.

On September 20, 2024, appellant filed an “Agreed Motion to Dismiss

Appeal.” In its motion, appellant stated that the parties had “reached a full and final

settlement of the matters at issue in this appeal,” and therefore “request[ed] that the

Court dismiss the appeal.” The motion further requested for each party to bear its

own costs of appeal.

No other party has filed a notice of appeal and no opinion has issued. See TEX

R. APP. P. 42.1(a)(2), (c). Further, appellant’s motion includes a certificate of

conference stating that appellee “agree[d] to the relief requested in th[e] motion.”

See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).

Accordingly, we reinstate this appeal to the Court’s active docket, grant

appellant’s motion to dismiss, and dismiss the appeal. See TEX. R. APP. P.

42.1(a)(1), 43.2(f). We further direct the Clerk of this Court that costs are to be taxed

against the party incurring the same. See TEX. R. APP. P. 42.1(d). We dismiss all

other pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Goodman and Guerra.