Prospecta Energy Group, Inc. v. Ray Prichard d/b/a/ Rayder Oilfield Services, Inc.--Appeal from 42nd District Court of Coleman County (memorandum opinion per curiam)
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Opinion filed February 28, 2013 In The Eleventh Court of Appeals __________ No. 11-12-00314-CV __________ PROSPECTA ENERGY GROUP, INC., Appellant V. RAY PRICHARD D/B/A RAYDER OILFIELD SERVICES, INC., Appellee On Appeal from the 42nd District Court Coleman County, Texas Trial Court Cause No. 5347 MEMORANDUM OPINION Prospecta Energy Group, Inc. is the appellant in this appeal. It has filed an unopposed motion to dismiss the appeal pursuant to TEX. R. APP. P. 42.1(a)(1). In the motion, Appellant states that the parties have settled and resolved all differences between one another arising out of the judgment rendered in the trial court. Appellant asks this court to dismiss the appeal. Therefore, in accordance with Appellant s request, we dismiss the appeal. Appellant additionally asks this court to affirm the appealed judgment of the trial court in addition to dismissing the appeal. We are unable to grant this relief. Rule 42.1(a)(1) authorizes the court as follows: In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment (emphasis added). See TEX. R. APP. P. 43.2(a), (e), (f) (also containing disjunctive language in discussing the types of judgments that courts of appeals may issue). The motion to dismiss is granted in part, and the appeal is dismissed. PER CURIAM February 28, 2013 Panel consists of: Wright, C.J., McCall, J., and Willson, J. 2
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