NCS Multistage, LLC v. Boyd & McWilliams Energy Group, Inc. Boyd & McWilliams Operating Rubicon Oil & Gas II LP OIE Winkler JV, LP Harry M. Bettis, Jr., LLC John D. Bettis LLC Collins Periman, LP Rockport Oil & Gas LLC David McWilliams And EKH Minerals ( 2024 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
NCS MULTISTAGE, LLC, § No. 08-23-00219-CV
Appellant, § Appeal from the
v. § 109th Judicial District Court
BOYD & MCWILLIAMS ENERGY § of Winkler County, Texas
GROUP, INC.; BOYD & MCWILLIAMS
OPERATING; RUBICON OIL & GAS II LP; § (TC#DC19-17669)
OIE WINKLER JV, LP; HARRY M. BETTIS,
JR., LLC; JOHN D. BETTIS LLC; COLLINS §
PERIMAN, LP; ROCKPORT OIL & GAS
LLC; DAVID MCWILLIAMS; and EKH §
MINERALS,
§
Appellees.
§
MEMORANDUM OPINION
Before this Court is Appellant’s unopposed motion to dismiss. Appellant’s motion states
that the parties have settled the dispute underlying this appeal and seeks a dismissal pursuant to
Texas Rule of Appellate Procedure 42.1(a)(2) (voluntary dismissal by agreement). That rule
provides for this Court to: “(A) render judgment effectuating the parties’ agreement; (B) set aside
the trial court’s judgment without regard to the merits and remand the case to the trial court for
rendition of judgment in accordance with the agreement; or (C) abate the appeal and permit
proceedings in the trial court to effectuate the agreement.” TEX. R. APP. P. 42.1(a)(2)(A)–(C).
Because the parties have not filed a joint motion or a settlement agreement with the clerk
as required by Rule 42.1(a)(2), we construe the motion and relief requested therein as a motion by
Appellant to dismiss the appeal under Rule 42.1(a)(1). See TEX. R. APP. P. 42.1(a)(1) (allowing
appellate courts to dismiss an appeal on the motion of the appellant.). The motion to dismiss the
appeal is granted. Costs of the appeal are taxed against the party incurring the same pursuant to
the unopposed motion. See TEX. R. APP. P. 42.1(d).
LISA J. SOTO, Justice
February 15, 2024
Before Alley, C.J., Palafox and Soto, JJ.
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