Lakota Resources, Inc. v. Pathex Petroleum, Inc. and Dernick Resources, Inc. ( 2009 )

Opinion issued November 19, 2009

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-09-00955-CV

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LAKOTA RESOURCES, INC., Appellant

V.

PATHEX PETROLEUM, INC. AND DERNICK RESOURCES, INC., Appellees

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On Appeal from the 164th District Court

Harris County, Texas

Trial Court Cause No. 2002-31310

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MEMORANDUM OPINION

          On September 14, 2009, under cause No. 01-07-00491-CV, Lakota Resources, Inc., David Wilstein and Leonard Wilstein, Individually and as Trustee v. Pathex Petroleum, Inc. and Dernick Resources, Inc., Lakota Resources, Inc. (“Lakota”) and appellees, Pathex Petroleum, Inc. and Dernick Resources, Inc., filed a joint motion to sever Lakota’s claims from those of the Wilsteins, to set aside the judgment between Lakota and the appellees, and to remand the cause with regard to the portion of the appeal concerning Lakota. On November 5, 2009, we issued an order granting the motion to sever Lakota’s claims from those of the Wilsteins and creating the new appellate cause No. 01-09-00955-CV, Lakota Resources, Inc. v. Pathex Petroleum, Inc. and Dernick Resources, Inc. See Tex. R. App. P. 42.1(b).

          Today, this Court considered the portions of Lakota’s and the appellees’ joint motion asking us to set aside the trial court’s judgment between Lakota and the appellees without regard to the merits and to remand Lakota’s claims to the trial court for rendition of judgment in accordance with the settlement agreement. The motion is granted as follows:

          (1)     The trial court’s judgment between Lakota and the appellees is set aside without regard to the merits. Tex. R. App. P. 42.1(a)(2)(B).  

          (2)     The case is remanded to the trial court with instructions to render judgment in accordance with the settlement agreement.

          (3)     All other pending motions relating to the claims between Lakota and the appellees are overruled as moot.

          (4)     The Clerk of this Court is directed to issue mandate 10 days after the date of this opinion. Tex. R. App. P. 18.1.

          (5)     Pursuant to the agreement between Lakota and the appellees, each party shall pay its own costs incurred by reason of this appeal. Tex. R. App. P. 42.1(d).

                                                   PER CURIAM

Panel consists of Justices Keyes, Alcala, and Hanks.