Dimock Operating Company, and Joe W. Dimock, D/B/A Dimock Petroleum v. Sutherland Energy Co., LLC ( 2015 )

In The Court of Appeals Seventh District of Texas at Amarillo No. 07-15-00297-CV DIMOCK OPERATING COMPANY, AND JOE W. DIMOCK, D/B/A DIMOCK PETROLEUM, APPELLANTS V. SUTHERLAND ENERGY CO., LLC, APPELLEE On Appeal from the 46th District Court Hardeman County, Texas Trial Court No. 11,098, Honorable Dan Mike Bird, Presiding December 15, 2015 MEMORANDUM OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ. On December 9, 2015, appellants filed a motion to dismiss appeal that complies with the requirements of Texas Rule of Appellate Procedure 42.1(a)(1). No decision of this Court having been delivered to date and without passing on the merits of the appeal, we grant the motion and dismiss appellants’ appeal. See TEX. R. APP. P. 42.1(a)(1). Because appellants’ motion does not address costs, costs will be taxed against appellants. See TEX. R. APP. P. 42.1(d). If dismissal will prevent appellee from seeking relief to which it would otherwise be entitled, the Court directs appellee to file a timely motion for rehearing. No motion for rehearing from appellants will be entertained. Mackey K. Hancock Justice 2