EOG Resources, Inc. v. Romeo Gutierrez Vela--Appeal from 49th Judicial District Court of Zapata County

MEMORANDUM OPINION
No. 04-02-00168-CV
EOG RESOURCES, INC.,
Appellant
v.
Romeo Gutierrez VELA,
Appellee
From the 49th Judicial District Court, Zapata County, Texas
Trial Court No. 4,135
Honorable Manuel Flores, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: August 13, 2003

DISMISSED

This is an interlocutory appeal of a temporary injunction. On March 11, 2002, appellant provided us with notice that the lawsuit underlying this appeal had been removed to the United States District Court for the Southern District of Texas, Laredo Division. "Once removal is effected, 'the State court shall proceed no further unless and until the case is remanded.'" Meyerland Co. v. F.D.I.C., 848 S.W.2d 82, 83 (Tex. 1993) (citing 28 U.S.C. 1446(d)). We, therefore, abated this appeal pending remand from the United States District Court for the Southern District of Texas, Laredo Division.

On July 14, 2003, Appellant filed a "Motion to Dismiss Pursuant to Settlement," stating that the parties had resolved their dispute. On July 16, 2003, we held this motion in abeyance, noting that we could not proceed with this appeal in any manner until the federal court either remanded or dismissed the underlying case. Appellant has now filed a copy of the federal district court's order dismissing appellee's claims against appellant. This appeal is, therefore, DISMISSED. Tex. R. App. P. 42.1. Costs of the appeal are taxed against appellant.

PER CURIAM