Chesapeake Exploration Limited Partnership, Hallwood Energy III, LP, and Chesapeake Sigma, LP v. Corine Incorporated and Drewland Enterprises, Inc.--Appeal from 413th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-06-00265-CV

Chesapeake Exploration Limited

Partnership, Hallwood Energy III, LP,

and Chesapeake Sigma, LP,

Appellants

v.

Corine Incorporated and Drewland

Enterprises, Inc.,

Appellees

From the 413th District Court

Johnson County, Texas

Trial Court No. C-2006-00419

MEMORANDUM Opinion

This Court issued an opinion and judgment affirming the trial court s judgment in this appeal on August 29, 2007. On August 30, we received an agreed motion to dismiss the appeal. The parties note that they executed a formal settlement agreement and as a result, jointly request this Court to set aside the trial court s judgment, remand the case to the trial court with instructions to vacate the prior summary judgment dated June 6, 2006, and dismiss all claims with prejudice as to trial court numbers C-2004-00543 and C-2006-00419. The parties also agree to be responsible for their own costs and attorney s fees.

An agreed motion to withdraw this Court s opinion was filed on September 10, 2007.

The motion to set aside the trial court s judgment without regard to the merits is granted. Tex. R. App. P. 42.1(a)(2)(B). However, because we have already issued an opinion in this appeal, we have decided not to withdraw the opinion already issued. Tex. R. App. P. 42.1(c); see Service Finance v. Adriatic Ins. Co, 51 S.W.3d 450 (Tex. App. Waco 2001, no pet.); Polley v. Odom, 963 S.W.2d 917 (Tex. App. Waco 1998, order). The motion to withdraw the Court s opinion is denied.

Accordingly, our judgment, but not our opinion, dated August 29, 2007 is withdrawn; and we substitute in its place a judgment setting aside the trial court s judgment, remanding the case to the trial court with instructions to vacate the prior summary judgment dated June 6, 2006, and to dismiss all claims with prejudice as to trial court numbers C-2004-00543 and C-2006-00419. As per the agreement of the parties, cost is assessed against the party incurring the same.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Trial court judgment set aside; Appeals Court judgment withdrawn and

remanded with instructions

Opinion delivered and filed September 19, 2007

[CV06]