Willbros Engineers (U.S.), LLC v. Panhandle Eastern Pipeline Company, LP

Opinion

Opinion issued July 14, 2011.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00862-CV

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Willbros Engineers (U.S.), LLC, Cross-Appellant

V.

Panhandle Eastern Pipe Line Company, LP, Cross-Appellee

On Appeal from the 269th District Court

Harris County, Texas

Trial Court Case No. 2008-20483

MEMORANDUM OPINION

          Cross-appellant, [1] Willbros Engineers (U.S.), LLC, filed a motion to dismiss

its cross-appeal on May 11, 2011.  The certificate of conference indicates that cross-appellee, Panhandle Eastern Pipe Line Company, LP, agrees to this motion.

          Without passing on the merits of the case, we grant Willbros Engineers’ motion and dismiss the appeal.  See Tex. R. App. P. 42.1(a)(1).  The motion does not indicate an agreement of the parties regarding allocation of costs of the cross-appeal.  We therefore tax costs of the cross-appeal against Willbros Engineers as cross-appellants.  See Tex. R. App. P. 42.1(d).

PER CURIAM

Panel consists of Justices Keyes, Higley, and Yates.[2]

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[1]           Panhandle Eastern Pipe Line Company, LP, originally filed this appeal on October 7, 2010, challenging the trial court’s September 17, 2010 ruling on Willbros Engineers’ motion to dismiss.  The trial court subsequently reconsidered its ruling on December 7, 2010, and Panhandle filed a motion to dismiss its interlocutory appeal on December 10, 2010.  On January 20, 2011, this Court issued a memorandum opinion and judgment dismissing Panhandle’s appeal.  Following the trial court’s December 7, 2010 ruling, Willbros Engineers filed a second notice of appeal challenging the new ruling, which is the portion of this case currently before us.

[2]           The Honorable Leslie B. Yates, former Justice of the Fourteenth Court of Appeals, sitting by appointment.