Transmeridian Exploration, Inc. v. Jim W. Tucker ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-221 CV ____________________

TRANSMERIDIAN EXPLORATION, INC., Appellant

V.

JIM W. TUCKER, Appellee

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On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 03-05-03858 CV

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MEMORANDUM OPINION ⁽¹⁾

We abated this appeal on August 12, 2004, following the filing of a suggestion on bankruptcy. The bankruptcy was dismissed on November 5, 2004. The appeal is hereby reinstated, and all appellate timetables shall resume from this date.

We have before the Court a "Joint Motion to Remand to the Trial Court" in which the parties ask this Court to remand the case to the trial court with instructions to dismiss the case consistent with the parties Rule 11 agreement. See Tex. R. Civ. P. 11. The Court finds the motion complies with Tex. R. App. P. 42.1(a)(2). The parties inform the Court that they have reached an agreement to vacate the trial court's judgment and remand the case to the trial court for entry of an order of dismissal consistent with the terms of the parties' agreement.

It is, therefore, ORDERED that the judgment of the trial court is vacated and the cause is remanded to the 359th District Court of Montgomery County, Texas, for further proceedings regarding the entry of an order of dismissal in accordance with the agreement of the parties. Costs shall be assessed against the party incurring such costs.

VACATED AND REMANDED.

PER CURIAM

Opinion Delivered May 12, 2005

Before Gaultney, Kreger and Horton, JJ.

1. Tex. R. App. P. 47.4.