DocketNumber： 12-18-00317-CV
Filed Date： 3/12/2019
Status： Precedential
Modified Date： 3/18/2019
NO. 12-18-00317-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS ROBBINS RANCH SUBDIVISION § APPEAL FROM THE HOMEOWNERS’ ASSOCIATION AND WILLIAM A. RHYNE, ET UX, INDIVIDUALLY, APPELLANTS § COUNTY COURT AT LAW NO. 2 V. PARTNERS OF BENCHMARK PROPERTIES, L.P., ET AL, APPELLEES § GREGG COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM William A. Rhyne and Robbins Ranch Subdivision Homeowners’ Association filed a notice of appeal from judgments in favor of Trivium Operating, L.L.C., Chinn Exploration Company, and Partners of Benchmark Properties, L.P. On March 6, 2019, Chinn and Trivium filed an agreed motion to dismiss Appellants’ appeal as to them. The motion is signed by counsel for Appellants and counsel for Chinn and Trivium. No decision has been delivered in this appeal. Accordingly, we dismiss the appeal as to Chinn and Trivium. See TEX. R. APP. P. 42.1(a). In accordance with the parties’ agreement, costs on appeal are taxed against the party incurring same. This dismissal does not affect Appellants’ appeal with respect to Benchmark. Opinion delivered March 12, 2019. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT MARCH 12, 2019 NO. 12-18-00317-CV ROBBINS RANCH SUBDIVISION HOMEOWNERS' ASSOCIATION AND WILLIAM A. RHYNE, ET UX, INDIVIDUALLY, Appellants V. PARTNERS OF BENCHMARK PROPERTIES, L.P., ET AL, Appellees Appeal from the County Court at Law No. 2 of Gregg County, Texas (Tr.Ct.No. 2015-251-CCL2) THIS CAUSE came on to be heard on the agreed motion of the Appellants, William A. Rhyne and Robbins Ranch Subdivision Homeowners’ Association, and Appellees, Trivium Operating, L.L.C. and Chinn Exploration Company, to dismiss the appeal herein with respect to Chinn and Trivium, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the agreed motion to dismiss be granted and the appeal be dismissed as to Chinn and Trivium, and that the decision be certified to the court below for observance. This dismissal does not affect Appellants’ appeal as to Appellee, Partners of Benchmark Properties, L.P. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.