Duke Energy Field Services, LP (now known as DCP Midstream LP) and DCP Assets Holdings, LP v. El Paso Production Company LP (now known as El Paso E&P Company, LP)--Appeal from 80th District Court of Harris County

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Vacated and Dismissed and Memorandum Opinion filed January 28, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-09-00586-CV ____________ DUKE ENERGY FIELD SERVICES, LP (now known as DCP MIDSTREAM, LP) and DCP ASSETS HOLDING, LP, Appellants V. EL PASO PRODUCTION COMPANY LP (now known as EL PASO E&P COMPANY LP), Appellee On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2006-74349 MEMORANDUM OPINION This is an appeal from a judgment signed April 9, 2009. On August 6, 2009, this court ordered the parties to mediation. On November 30, 2009, the parties filed a joint motion to extend all deadlines for thirty days so that they could finalize a settlement agreement. The court granted the motion and abated the appeal. On January 21, 2010, the parties filed a joint motion to set aside and vacate the trial court s judgment and dismiss the appeal in accordance with their settlement agreement. See Tex. R. App. P. 42.1. We reinstate the appeal and GRANT the motion. Accordingly, we order the judgment signed April 9, 2009, VACATED. In addition, we order the appeal DISMISSED. We further order that all costs of court are taxed against the party incurring same. We order that appellants surety, Travelers Casualty and Surety Company of America, is RELEASED from any further obligation on the supersedeas bond filed by appellants on July 23, 2009. PER CURIAM Panel consists of Chief Justice Hedges and Justices Anderson and Christopher. 2

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