Broughton Associates Joint Venture, et al. v. J.C. Reagan, et ux.--Appeal from 82nd District Court of Robertson County

IN THE

TENTH COURT OF APPEALS

No. 10-96-156-CV

BROUGHTON ASSOCIATES JOINT VENTURE, ET AL.,

Appellants

v.

J.C. REAGAN, ET UX.,

Appellees

From the 82nd District Court

Robertson County, Texas

Trial Court # 96-06-15,122-CV

MEMORANDUM OPINION

After the trial court granted J.C. and Christine Reagan's request for a temporary injunction directing Broughton Associates to deposit the proceeds from the sale of gas from a well located in Robertson county, Broughton appealed. However, on October 2 Broughton filed a motion to dismiss its appeal. In the relevant portion, Rule 59(a) provides:

(1) The appellate court may finally dispose of an appeal or writ of error as follows:

(A) In accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(B) On motion of appellant to dismiss the appeal or affirm the judgment appealed from, with notice to all other parties; provided, that no other party shall be prevented from seeking any appellate relief it would otherwise be entitled to.

Tex. R. App. P. 59(a).

Broughton has certified that it served the motion on the Reagans, who seek no affirmative relief in this court. The transcript for this appeal has been filed. Id.

Pursuant to the motion, the cause is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion issued and filed October 16, 1996

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