Kaneb Pipe Line Operating Partnership, L.P. and Support Terminal Services, Inc. v. Grace Energy Corp.
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DISMISS; Opinion filed September 27, 2012 S In The Court of Appeals Fifth District of Texas at Dallas 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 court=s 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. KERRY P. FITZGERALD JUSTICE Comment [COMMENT1]: Page Number Footer A Included Use Hotkey ` and then EFA to (E)dit (F)ooter (A) Comment [COMMENT2]: Date Printed: Header A included, Use Hotkey ` and then EHA to (E)dit (H)eader (A) Use Hotkey ` and then DHAT to (D)elete (H)eader (A)(T)ext 001592F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. AND SUPPORT TERMINAL SERVICES, INC., Appellants No. 05-00-01592-CV V. Appeal from the 191st Judicial District Court of Dallas County, Texas. (Tr.Ct.No. 9705135). Opinion delivered by Justice FitzGerald, 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= bear their own costs of the appeal. Judgment entered September 27, 2012. /Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE Comment [COMMENT3]: Judgment - Sent out with Opinion to Internet
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