Kaneb Pipe Line Operating Partnership, L.P. and Support Terminal Services, Inc. v. Grace Energy Corp. ( 2012 )

l)ISMISS; Opinion tiled September 27, 2012 In The (!nurt uf ptica1 .fiftI! Jitrirt nf ixzi at 1a11w5 No. 05-00-01592-CV KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. AND SUPPORT TERMINAL SERVICES, INC., Appellants V. GRACE ENERGY CORPORATION, Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. 97-05135 MEMORANDUM OPINION Before Justices FitzGerald. Murphy. and Fillmore Opinion By Justice FitzGerald By order dated May 7, 2001 this Court abated the appeal because appellee filed a bankruptcy , petition. Before the Court are the parties’ joint motion to reinstate the appeal,joint motion to vacate the trial courts judgment consistent with the parties’ agreement, and joint motion for immediate issuance of the mandate. We REINSTATE the appeal. We grant the parties’ joint motion to vacate the trial court’s judgment. We vacate the trial court’s amended final judgment signed on August 30, 2000 and dismiss the case. We DIRECT the Clerk of this Court to issue the mandate forthwith. ERRYYTrZcERALD JUSTICE 001 592F.P05 (uiirt uf i%iprahi fift1! Outrtrt nt !rxw it lat1a JUDGMENT KANEB PIPE LINE OPERATING Appeal from the 191st Judicial District Court PARTNERSHIP, L.P. AND SUPPORT of I)allas County, Texas. (Tr.Ct.No. 97- TERMINAL SERVICES, INC., Appellants 05135). OpiniorL delivered by Justice FitzGerald. No. 05-00-0i592-CV V. Justices Murphy and Fillmore, participating. GRACE ENERGY CORPORATION, Appellee Based on the Court’s opinion of this date, the August 30, 2000 amended judgment of the trial court is VACATED and the case is DISMISSED. It is ORDERED that the parties’ beat’ their own costs of the appeal. .Judgment entered September 27, 2012. 1’ %ERRY P FjAtD— JUSTICE