GUITAR HOLDING COMPANY, L.P. / HUDSPETH COUNTY UNDERGROUND WATER CONSERVATION DISTRICT NO. 1 v. HUDSPETH COUNTY UNDERGROUND WATER CONSERVATION DISTRICT NO. 1, CL MACHINERY COMPANY, AND CIMARRON AGRICULTURAL LTD. / GUITAR HOLDING COMPANY, L.P.--Appeal from 205th District Court of Hudspeth County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

GUITAR HOLDING COMPANY, L.P., ) No. 08-04-00296-CV

)

Appellant, ) Appeal from

)

v. ) 205th District Court

)

HUDSPETH COUNTY UNDERGROUND ) of Hudspeth County, Texas

WATER CONSERVATION DISTRICT NO. 1,)

CL MACHINERY COMPANY, and ) (TC# 3703-205)

CIMARRON AGRICULTURAL LTD., )

)

Appellees. )

MEMORANDUM OPINION

Pending before the Court is a joint motion to dismiss certain appeals and cross-appeals. See Tex.R.App.P. 42.1(a)(1). The parties further request that all appeals and cross-appeals from a judgment entered on October 15, 2004 be continued in the same cause number. The motion is granted in part as specified below.

The trial court entered a judgment in favor of Guitar Holding Company (Guitar) on June 21, 2004 and remanded the cause to the Hudspeth County Underground Water Conservation District No. 1 (the Water District) for further proceedings, clarification, and findings. Guitar filed a notice of appeal from that judgment, and CL Machinery Company and Cimarron Agricultural, Ltd. filed a joint notice of cross-appeal. The Water District separately filed its notice of cross-appeal from the June 21, 2004 judgment. On October 15, 2004, the trial court entered a final judgment which disposed of all issues and parties and superceded the prior judgment. Guitar filed an amended notice of appeal specifying that it appealed from this judgment. Likewise, the Water District filed an amended notice of cross-appeal. CL Machinery and Cimarron have not filed amended notices of appeal.

The parties have now filed an agreed motion to dismiss all appeals and cross-appeals from the June 21, 2004 judgment with the understanding that only Guitar and the Water District will continue to prosecute their appeals from the October 15, 2004 judgment. The motion to dismiss is granted with respect to CL Machinery and Cimarron Agricultural. CL Machinery and Cimarron Agricultural will continue in the appeal as Appellees. If CL Machinery and Cimarron Agricultural wish to appeal the October 15, 2004 judgment, they will be required to file new and timely notices of appeal. See Tex.R.App.P. 25.1(c)(a party who seeks to alter the trial court s judgment must file a notice of appeal).

It is unnecessary to dismiss the appeals by Guitar and the Water District from the June 21, 2004 judgment because they have amended their notices of appeal to reflect their desire to appeal from the October 15, 2004 judgment. See Tex.R.App.P. 25.1(f). Accordingly, we deny this portion of the motion to dismiss. The motion specifies that each party will bear its own costs and it is so ordered. See Tex.R.App.P. 42.1(d).

January 20, 2005

ANN CRAWFORD McCLURE, Justice

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.