Court of Civil Appeals of Texas, 2008

Double S Petroleum v. Super Circle 7 Food Stores, Inc.

Double S Petroleum v. Super Circle 7 Food Stores, Inc.
Court of Civil Appeals of Texas · Decided April 3, 2008

Double S Petroleum v. Super Circle 7 Food Stores, Inc.

Opinion

NO. 07-07-0278-CV


IN THE COURT OF APPEALS


FOR THE SEVENTH DISTRICT OF TEXAS


AT AMARILLO


PANEL A


APRIL 3, 2008

______________________________


VALERO MARKETING AND SUPPLY COMPANY

AND DOUBLE S PETROLEUM, LTD., APPELLANTS


V.


SUPER CIRCLE 7 FOOD STORES, INC., APPELLEE

_________________________________


FROM THE 381ST DISTRICT COURT OF STARR COUNTY;


NO. DC-04-23; HONORABLE JOSE LUIS GARZA, JUDGE

_______________________________




Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ON MOTION TO DISMISS

Appellant, Valero Marketing and Supply Company, filed a timely notice of appeal from the trial court's Amended Final Judgment Confirming Arbitration Award executed on July 25, 2007. Valero has now filed an Amended Motion to Dismiss Appeal pursuant to Texas Rule of Appellant Procedure 42.1, asserting that Valero and the parties who obtained a judgment against it have reached a settlement agreement regarding the matters at issue in Valero's appeal. This disposition is authorized by Rule 42.1 (a)(1) of the Texas Rules of Appellate Procedure and does not prevent other parties seeking relief. Finding the motion complies with the requirements of Rules 6.6 and 42.1(a) and (b), we shall dismiss Valero's appeal and, as agreed by the parties reaching settlement with Valero, assess costs to the parties who incurred them.

Accordingly, this appeal is dismissed but only as to appellant Valero Marketing and Supply Company. Tex. R. App. P. 42.1a(1) and (b).



Per Curiam

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