United Resources Oil & Gas Corp., United Resources Equity Partners v. Triumph Natural Gas, Inc.

Dismissed and Opinion Filed January 7, 1998
In The
(Enurt at Appeals
JTtftlj Itsirxrt at Qfexas at lailas
No. 05-96-01086-CV
UNITED RESOURCES OIL AND GAS CORPORATION,
UNITED RESOURCES EQUITY PARTNERS-I, L.P., and
UNITED RESOURCES ENERGY PARTNERS, SERIES II, L.P., AppeUants
TRIUMPH NATURAL GAS, INC, Appellee
On Appeal from the 192nd District Court
Dallas County, Texas
Trial Court Cause No. 93-05355-K
OPINION PER CURIAM
Before Chief Justice Thomas and Justices Whittington and Moseley
The Court has before it appellants' and appellee's December 29,1997 agreed mot10n
to dismiss. The mot.on states (1) the parties have reached asettlement of all claims, and
(2) appellants no longer dcire to pursue the, appeal. Therefore, on the parties' December
29, 1997 motion, this appeal is DISMISSED. See Tex. R. App. P. 42.1.
PER CURIAM
Do Not Publish
Tex. R. App. P. 47
S '
(Hourt of Appeals
W\iVc[ iBtsiHrt of G^xas at Dallas
JUDGMENT
UNITED RESOURCES OIL AND GAS Appeal from the 192nd District Court of
CORPORATION, UNITED Dallas County, Texas. (Tr.Ct.No. 93-
RESOURCES EQUITY PARTNERS-I, 05355-K).
L.P., AND UNITED RESOURCES Opinion delivered per curiam before a
ENERGY PARTNERS, SERIES II, panel of Chief Justice Thomas and
L.P.,, Appellants Justices Whittington and Moseley.
No. 05-96-01086-CV V.
TRIUMPH NATURAL GAS, INC.,
Appellee
In accordance with this Court's opinion of this date, the judgment of the trial court"
is AFFIRMED. It is ORDERED that each party shall bear its own costs of appeal. After
appellants United Resources Oil and Gas Corporation, United Resources Equity Partners-I,
LP and United Resources Energy Partners, Series II, L.P. pay all costs assessed against
them, the Dallas County District clerk is directed to release the balance, if any, of the cash
deposit to appellants' attorney, Charles Jefferson.
Judgment entered January 7, 1998.
NO. 05-96-01086-CV
IN THE
COURT OF APPEALS
FIFTH SUPREME JUDICIAL DISTRICT
DALLAS, TEXAS
UNITED RESOURCES OIL AND GAS
CORPORATION, UNITED RESOURCES
EQUITY PARTNERS-I, L.P., and
UNITED RESOURCES ENERGY
PARTNERS, SERIES H, L.P.,
Appellants,
vs.
TRIUMPH NATURAL GAS, INC.
Appellee.
STD7ULATION FOR DISMISSAL
TO THE HONORABLE COURT OF APPEALS:
Under TEX. R. App. P. § 42.1(a)(1), United Resources Oil &Gas Corporation, United
Resources Equity Partners-I, L.P., and United Resources Energy Partners, Series H, L.P.
("Appellants") and Triumph Natural Gas, Inc. ("Appellee") stipulate that all claims and causes
of action asserted in this matter have been settled in their entirety. As aresult, Appellants and
Appellee desire that all claims and causes of action asserted in this suit and appeal be dismissed,
with prejudice to the refiling of same, with each party to bear its own costs of court, and agree
Page l
Stipulation for Dismissal
that the Final Judgment of the trial court entered on March 19, 1996, in Cause No. 93-5355-K
in the 192nd Judicial District Court of Dallas County, Texas, styled Triumph Natural Gas,
Inc. v. United Resources Oil and Gas Corporation, United Resources Equity Partners I, L.P.,
and United Resources Energy Partners, Series II, L.P. (a copy of which is attached hereto),
should be vacated. See Pantterra Corp. v. American Dairy Queen, 908 S.W.2d 300, 300-01
(Tex. App.—San Antonio 1995, no writ)(holding that when a cause becomes moot on appeal,
all prior orders and judgments should be set aside by the appellate court and the cause, not
merely the appeal, dismissed). Appellants and Appellee further agree and request that this Court
enter an order directing the District Clerk of Dallas County to release to Appellants' attorney,
Charles Jefferson, One River Walk, 700 North St. Mary's Street, Suite 1000, San Antonio,
Texas 78205, the proceeds of the cash deposit in lieu of bond previously deposited and posted
as security for payment of the judgment in this matter.
Respectfully submitted,
THE LAW OFFICE OF CHARLES JEFFERSON
One River Walk
700 North St. Mary's Street, Suite 1000
San Antonio, TX 78205
Telephone: 210/227-4182
Facsimile: 214/227-5514
By: U> /#
CHARLES M. JE
State Bar No. IOoX^O
ATTORNEY FOR APPELLANTS,
UNITED RESOURCES OIL & GAS
CORPORATION, UNITED ^0URC^J^™
PARTNERS-I, L.P. and UNITED RESOURCES
ENERGY PARTNERS, SERIES II, L.P.
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Stipulation for Dismissal
VIAL, HAMILTON, KOCH & KNOX, L.L.P.
1717 Main Street, Suite 4400
Dallas, TX 75201-7388
Telephone: 214/712-4400
Facsimile: 214/712-4402
By:
JULIE E. ANGELLEY
State Bar No. 00793477
ATTORNEYS FOR APPELLEE, TRIUMPH
NATURAL GAS, INC.
IC40523.1
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Stipulation for Dismissal