Westerngeco Resources, Inc. v. Darold Burch

• Court: Court of Appeals of Texas
• Decided: August 5, 2010
• Docket: 14-08-00489-CV
• Status: Published

Opinion

Opinion filed April 1, 2010, Withdrawn, Appeal Dismissed and En Banc Majority Opinion and Concurring and Dissenting Opinions filed August 5, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00489-CV

WESTERNGECO RESOURCES, INC., Appellant

V.

DAROLD BURCH, Appellee

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2006-74396

M A J O R I T Y   O P I N I O N

On April 1, 2010, a panel of this court issued its opinion and judgment in this appeal.  Appellees then filed a motion for rehearing and motion for en banc reconsideration.  While those motions were pending, appellee filed an unopposed motion to withdraw the opinion pursuant to settlement.  The motion also seeks to withdraw appellee’s motions for rehearing and for en banc reconsideration.

The motion is granted.  This court=s opinion filed April 1, 2010, is WITHDRAWN, and our judgment of that date is VACATED.  See Tex. R. App. P. 42.1.  The appeal is ordered DISMISSED.  Appellee’s motion for rehearing and motion for en banc reconsideration are DENIED AS MOOT.

                                                                                    PER CURIAM

En Banc Majority and Dissenting and Concurring Opinions filed.

En Banc Court consists of Chief Justice Hedges and Justices Yates, Anderson, Frost, Seymore, Brown, Boyce, Sullivan, and Christopher.

(Frost, J. concurring and dissenting) (Boyce, J. joins).

(Boyce, J., concurring and dissenting) (Hedges, C.J., Anderson, J., and Frost, J. join).