Vernon E. Faulconer, Inc. v. Edmund R. Wood--Appeal from 71st District Court of Harrison County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00080-CV
______________________________
VERNON E. FAULCONER, INC., Appellant
V.
EDMUND R. WOOD, Appellee
On Appeal from the 71st Judicial District Court
Harrison County, Texas
Trial Court No. 00-0224
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION

Vernon E. Faulconer, Inc., is a party to this appeal. We scheduled the appeals for oral argument May 15, 2003, in Harrison County, Texas. Faulconer did not appear for argument, even though it had previously asked to participate. At argument, counsel for Edmund R. Wood, appellee, informed this Court Wood had reached a settlement with Faulconer. The remaining appellants (Amoco Production Company, BP Amoco, Mobil Producing Texas and New Mexico, Inc., and Exxon Mobile Corporation), however, continued to prosecute their appeal.

Since oral argument almost one month ago, we have not received from Faulconer a motion to sever and remand the appeal for entry of the settlement agreement. Nonetheless, based on the representation of Wood's counsel regarding the settlement agreement, we, on our own motion, now order Faulconer's appeal severed from Amoco Production Company, BP Amoco, Mobil Producing Texas and New Mexico, Inc., and Exxon Mobil Corporation's appeal against Wood. Severance allows us to remand the severed case to the trial court for entry of orders effectuating the settlement agreement between Faulconer and Wood.

We assign Faulconer's appeal against Wood to cause number 06-03-00080-CV.

 

The appeal by Faulconer against Wood, cause number 06-03-00080-CV, is remanded for entry of orders to effectuate the settlement agreement among the parties.

 

Donald R. Ross

Justice

 

Date Submitted: June 9, 2003

Date Decided: June 10, 2003