ChemRock Technologies, LLC v. Pel-State Bulk Plant, LLC, Shell Western E&P Appeal from 365th Judicial District Court of Dimmit County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00750-CV CHEMROCK TECHNOLOGIES, LLC; Preferred Sands Sales, LLC; Preferred Pipeline, LLC; Preferred Sands of Wisconsin, LLC; Preferred Resin of Genoa, LLC; Shrieve Chemical Products, Inc.; and Thomas Petroleum, LLC; Appellants v. PEL-STATE BULK PLANT, LLC and Shell Western E&P, Inc., Appellees From the 365th Judicial District Court, Dimmit County, Texas Trial Court No. 13-07-12049-DCVAJA Honorable Amado J. Abascal, III, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: July 27, 2016 DISMISSED IN PART Two separate notices of appeal were filed in this appeal. In the first notice of appeal, Chemrock Technologies, LLC; Preferred Sands Sales, LLC; Preferred Pipeline, LLC; Preferred Sands of Wisconsin, LLC; Preferred Resin of Genoa, LLC; Shrieve Chemical Products, Inc.; and Thomas Petroleum, LLC appealed an order striking their petition in intervention. In the second notice of appeal, Shell Western E&P, Inc. appealed a final judgment rendered in favor of Pel-State 04-15-00750-CV Bulk Plant, LLC. We ordered the appeals to remain under the same appellate cause number; however, we ordered separate briefing on the matters challenged in the notices of appeal. The parties have filed a joint motion to dismiss, stating that the matters in the intervention appeal have been resolved. We grant the motion, and dismiss the appeal of the order striking the petition in intervention. Because the motion does not disclose an agreement regarding the assessment of costs, costs are assessed against Chemrock Technologies, LLC; Preferred Sands Sales, LLC; Preferrred Pipeline, LLC; Preferred Sands of Wisconsin, LLC; Preferred Resin of Genoa, LLC; Shrieve Chemical Products, Inc.; and Thomas Petroleum, LLC. See TEX. R. APP. P. 42.1(d) (stating that absent agreement of the parties, costs are taxed against the appellant). Shell Western E&P, Inc.’s appeal challenging the final judgment rendered in favor of PelState Bulk Plant, LLC remains pending before the court. PER CURIAM -2-
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