PennEnergy Resources, LLC v. ETC Northeast Field Services, LLC

IN THE
TENTH COURT OF APPEALS

No. 10-23-00240-CV

PENNENERGY RESOURCES, LLC,
Appellant
v.

ETC NORTHEAST FIELD SERVICES, LLC,
Appellee

From the 82nd District Court
Robertson County, Texas
Trial Court No. 22-09-21523-CV

MEMORANDUM OPINION

PennEnergy Resources, LLC, and ETC Northeast Field Services, LLC, have filed a

“Joint Motion to Dismiss Appeal and Request to Expedite” asserting that they have

settled their disputes in the underlying proceeding. Accordingly, the parties request

that we

(1) set aside the trial court’s Final Judgment signed July 12, 2023, without
regard to the merits; (2) remand the matter to the trial court for entry of an
order vacating all Receipt Point Arbitration Awards and entry of a final
judgment conforming with the parties’ settlement agreement; (3) dismiss
the appeal with prejudice; and (4) issue mandate immediately.
We have no authority to dismiss the appeal and remand the case to the trial court.

See TEX. R. APP. P. 42.1(a)(2). We have the authority, however, to set aside the trial

court’s judgment without regard to the merits and remand the case to the trial court for

rendition of judgment in accordance with the agreement of the parties. See TEX. R. APP.

P. 42.1(a)(2)(B); 43.2(d).

Accordingly, the parties’ “Joint Motion to Dismiss Appeal and Request to

Expedite” is granted to the extent authorized. The trial court’s Final Judgment, signed

on July 12, 2023, is set aside without regard to the merits, and the case is remanded to

the trial court for rendition of judgment in accordance with the agreement of the parties.

Costs of appeal are taxed against the party incurring same. See id. R. 42.1(d). And we

order that this Court’s mandate in this case shall issue immediately. See id. R. 18.1(c).

Because the Court was unable to grant the entirety of the parties’ motion, the

Court has endeavored to implement the substance of the parties’ agreed motion to

achieve the same result. If the parties determine that the judgment of the Court does

not accomplish the parties’ intended result, a timely motion for rehearing must be filed

that addresses the manner in which the Court can implement the agreement of the

parties within the limitations of the Rules of Appellate Procedure. See id. R. 42.1; 49.1.

PennEnergy Resources, LLC v. ETC Northeast Field Services, LLC Page 2
MATT JOHNSON
Justice

Before Justice Johnson,
Justice Smith, and
Justice Davis 1
Set aside and remanded
Opinion delivered and filed July 18, 2024
[CV06]

1
The Honorable Rex Davis, Senior Justice (Retired) of the Tenth Court of Appeals, sitting by assignment of the
Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE ANN. §§ 74.003, 75.002, 75.003.

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