Vacated and Dismissed and Memorandum Opinion filed January 28, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-09-00586-CV

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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.