Tsar Energy, II v. ERG Illinois, Inc., now known as Penn Tex Resources, Illinois, Inc.--Appeal from 334th District Court of Harris County

Opinion issued October 26, 2006

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-00380-CV

____________

TSAR ENERGY II, LLC, Appellant

V.

ERG ILLINOIS, INC., NOW KNOWN AS, PENNTEX RESOURCES ILLINOIS, INC., Appellee

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 2004-39584A

MEMORANDUM OPINION

Appellant has filed an agreed motion to dismiss its appeal with pejudice. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Bland.