Coffeyville Resources Crude Transportation, LLC, Salter Creek Resources, LLC, Rose Rock Midstream Crude, LLC and SemGreen, LP v. Exxonmobile Pipeline Company ( 2024 )

NO. 12-23-00276-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
COFFEYVILLE RESOURCES CRUDE § APPEAL FROM THE 7TH
TRANSPORTATION, LLC, BKEP
PIPELINE, LLC F/K/A SEMPIPE, LP,
SALTER CREEK RESOURCES, LLC,
ROSE ROCK MIDSTREAM CRUDE,
LLC AND SEMGREEN, LP,
APPELLANTS § JUDICICAL DISTRICT COURT
V.
EXXONMOBILE PIPELINE
COMPANY,
APPELLEE § SMITH COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of prosecution as to Appellant, BKEP Pipeline,
LLC f/k/a SemPipe, LP. See TEX. R. APP. P. 42.3(b). BKEP filed a notice of appeal on October
26, 2023. The court reporter filed the reporter’s record on November 8. The Smith County
District Clerk filed several volumes of the clerk’s record on February 21, 2024, filed another
volume on February 29, and filed a supplemental record on March 17. BKEP’s brief was due on
or before May 15. On May 16, the Clerk of this Court notified BKEP that the brief was past due.
We further notified BKEP that the appeal may be dismissed for want of prosecution unless a
motion for extension of time, containing a reasonable explanation for the failure to file a brief
and showing that Appellee had not suffered material injury thereby, is filed no later than May 28.
The May 28 deadline passed, and BKEP has not filed a brief, a motion for leave to file a
late brief, or a motion for extension of time. 1 Accordingly, we dismiss the appeal for want of
prosecution as to only BKEP. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). This dismissal does not
affect the appeal filed by Coffeyville Resources Crude Transportation, LLC, Salter Creek
Resources, LLC, Rose Rock Midstream Crude, LLC, and SemGreen, LP.
Opinion delivered May 31, 2024.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
1
We also note that on May 28, counsel for Coffeyville filed a letter with this Court, in which she explained
that BKEP’s appeal could be dismissed because (1) Appellee, ExxonMobil Pipeline Company, originally sued
BKEP, Salter Creek, Rose Rock, and SemGreen, (2) on March 30, 2021, BKEP merged with Coffeyville, (3) Exxon
subsequently filed a first amended petition, non-suiting BKEP and naming Coffeyville as a defendant, (4) the
judgment names only Coffeyville, not BKEP, (5) out of an abundance of caution, counsel originally filed separate
notices of appeal for BKEP and Coffeyville, and (6) because BKEP is not a party to the judgment, and is not an
existing legal entity, it can be dismissed from this appeal. No party filed a motion to dismiss BKEP from the appeal.
See TEX. R. APP. P. 42.1 (voluntary dismissal and settlement in civil cases).
2
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
MAY 31, 2024
NO. 12-23-00276-CV
COFFEYVILLE RESOURCES CRUDE TRANSPORTATION, LLC, BKEP PIPELINE,
LLC F/K/A SEMPIPE, LP, SALTER CREEK RESOURCES, LLC, ROSE ROCK
MIDSTREAM CRUDE, LLC AND SEMGREEN, LP,
Appellants
V.
EXXONMOBILE PIPELINE COMPANY,
Appellee
Appeal from the 7th District Court
of Smith County, Texas (Tr.Ct.No. 21-0374-A)
THIS CAUSE came to be heard on the appellate record; and the same being considered,
it is the opinion of this Court that this appeal should be dismissed for want of prosecution as to
Appellant BKEP Pipeline, LLC f/k/a SemPipe, LP.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be,
and the same is, hereby dismissed for want of prosecution as to only BKEP; and that this
decision be certified to the court below for observance. This dismissal does not affect the appeal
filed by Coffeyville Resources Crude Transportation, LLC, Salter Creek Resources, LLC, Rose
Rock Midstream Crude, LLC, and SemGreen, LP.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.