MERCEDES B. WHITTINGTON AND HARRY M. WHITTINGTON, INDIVIDUALLY AND AS INDEPENDENT CO-EXECUTORS OF THE ESTATE OF LELWYN W. BAKER, DECEASED v. DEVON LOUISIANA CORPORATION (FORMERLY CLIFFWOOD OIL & GAS CORPORATION, FORMERLY OCEAN ENERGY, INC.--Appeal from 24th District Court of Goliad County

NUMBERS

13-04-261-CV

13-04-671-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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MERCEDES B. WHITTINGTON, ET AL., Appellants,

v.

DEVON LOUISIANA CORPORATION, Appellee.

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On appeal from the 24th District Court

of Goliad County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Ya ez, and Garza

Memorandum Opinion Per Curiam

This cause is before the Court on an agreed motion to dismiss the appeal filed by appellants, Mercedes B. Whittington and Harry B. Whittington, Individually and as Independent Executors of the Estate of Lelwyn W. Baker, Deceased, and appellee/cross-appellant, Devon Louisiana Corporation. Appellants and appellee/cross-appellant have settled all matters in controversy between them and no longer wish to continue this appeal, but only as to the appeal between the Whittingtons and appellee/cross-appellant DEVON LOUISIANA CORPORATION. The appeal as to appellants and appellee/cross-appellant, DEVON LOUISIANA CORPORATION, is severed from the original appeal and is docketed under cause number 13-04-671-CV.

Having considered the agreed motion to dismiss the appeal and the documents on file, this Court is of the opinion that the motion should be granted. The motion to dismiss the appeal as to appellants and appellee/cross-appellant, DEVON LOUISIANA CORPORATION, is hereby granted. The appeal against appellee/cross-appellant, DEVON LOUISIANA CORPORATION, in cause number 13-04-671-CV is ordered DISMISSED.

The remaining issues in the appeal will remain docketed under cause number 13-04-261-CV.

PER CURIAM

Memorandum Opinion delivered and filed this

the 6th day of January, 2005.