Chesapeake Exploration Limited Partnership, Hallwood Energy III, LP, and Chesapeake Sigma, LP v. Corine Incorporated and Drewland Enterprises, Inc.

IN THE TENTH COURT OF APPEALS No. 10-06-00265-CV Chesapeake Exploration Limited Partnership, Hallwood Energy III, LP, and Chesapeake Sigma, LP, Appellants v. Corine Incorporated and Drewland Enterprises, Inc., Appellees From the 413th District Court Johnson County, Texas Trial Court No. C-2006-00419 MEMORANDUM Opinion This Court issued an opinion and judgment affirming the trial court’s judgment in this appeal on August 29, 2007. On August 30, we received an agreed motion to dismiss the appeal. The parties note that they executed a formal settlement agreement and as a result, jointly request this Court to set aside the trial court’s judgment, remand the case to the trial court with instructions to vacate the prior summary judgment dated June 6, 2006, and dismiss all claims with prejudice as to trial court numbers C-2004-00543 and C-2006-00419. The parties also agree to be responsible for their own costs and attorney’s fees. An agreed motion to withdraw this Court’s opinion was filed on September 10, 2007. The motion to set aside the trial court’s judgment without regard to the merits is granted. Tex. R. App. P. 42.1(a)(2)(B). However, because we have already issued an opinion in this appeal, we have decided not to withdraw the opinion already issued. Tex. R. App. P. 42.1(c); see Service Finance v. Adriatic Ins. Co, 51 S.W.3d 450 (Tex. App.—Waco 2001, no pet.); Polley v. Odom, 963 S.W.2d 917 (Tex. App.—Waco 1998, order). The motion to withdraw the Court’s opinion is denied. Accordingly, our judgment, but not our opinion, dated August 29, 2007 is withdrawn; and we substitute in its place a judgment setting aside the trial court’s judgment, remanding the case to the trial court with instructions to vacate the prior summary judgment dated June 6, 2006, and to dismiss all claims with prejudice as to trial court numbers C-2004-00543 and C-2006-00419. As per the agreement of the parties, cost is assessed against the party incurring the same. TOM GRAY Chief Justice Before Chief Justice Gray, Justice Vance, and Justice Reyna Trial court judgment set aside; Appeals Court judgment withdrawn and remanded with instructions Opinion delivered and filed September 19, 2007 [CV06] CG Times', serif"> Justice Vance, and Justice Gray Appeal dismissed Opinion delivered and filed October 31, 2001 Do not publish [CV06]