Port Arthur Steam Energy, L.P. v. Oxbow Calcining LLC Appeal from 270th District Court of Harris County (memorandum opinion per curiam)

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Opinion issued November 9, 2021 In The Court of Appeals For The First District of Texas ———————————— NO. 01-20-00606-CV ——————————— PORT ARTHUR STEAM ENERGY, L.P., Appellant V. OXBOW CALCINING LLC, Appellee On Appeal from the 270th District Court Harris County, Texas Trial Court Case No. 2020-18313 MEMORANDUM OPINION On April 20, 2021, this appeal was stayed pursuant to a notice of suggestion of bankruptcy filed by appellant, Port Arthur Steam Energy, L.P. See TEX. R. APP. P. 8.2. Appellant and appellee, Oxbow Calcining LLC, have now filed a Joint Notice of Bankruptcy Dismissal and Motion to Reinstate the Appeal, representing that the United States Bankruptcy Court for the Southern District of Texas has “issued an order dismissing the [b]ankruptcy [c]ase, effective October 8, 2021.” See TEX. R. APP. P. 8.3(a). The parties attached a copy of the order to their motion. Appellant has also filed an unopposed motion to dismiss the appeal, asserting that the parties have settled their dispute and “request[ing] that the Court dismiss its appeal.” See TEX. R. APP. P. 42.1(a). No other party has filed a notice of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(c). Accordingly, we grant the motions to reinstate and dismiss the appeal. The appeal is reinstated on this Court’s active docket and dismissed. See TEX. R. APP. P. 8.3(a), 42.1(a), 43.2(f). All pending motions are dismissed as moot. PER CURIAM Panel consists of Justices Hightower, Countiss, and Guerra. 2

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