david-p-desenberg-flatmax-energy-l-p-flatmax-oil-gas-llc-keith ( 2015 )

NUMBER 13-15-00011-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ DAVID P. DESENBERG, FLATMAX ENERGY, L. P., Appellants, FLATMAX OIL & GAS, L.L.C., KEITH H. BAKER, REAGAN RICH, AND BIG REEF ENERGY, L.L.C., v. EVEREST RESOURCE COMPANY, C-5 OIL & GAS, LTD., Appellees. ____________________________________________________________ On appeal from the 319th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Garza, Benavides, and Perkes Memorandum Opinion Per Curiam Appellants, David P. Desenberg, Flatmax Energy, L.P., Flatmax Oil & Gas, L.L.C., Kieth H. Baker, Regan Rich, and Big Reef Energy, L.L.C., perfected an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 2014-DCV-5125-G. The parties have filed a joint motion to dismiss the appeal on grounds that the parties have entered into a settlement agreement. The parties request that this Court dismiss the appeal. The Court, having considered the documents on file and the joint motion to dismiss, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). The joint motion to dismiss is granted, and the appeal is hereby DISMISSED. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at the parties’ request, no motion for rehearing will be entertained, and our mandate will issue forthwith. PER CURIAM Delivered and filed the 28th day of May, 2015. 2