IN THE TENTH COURT OF APPEALS No. 10-10-00404-CV ROY EDWARD TOLLIVER, JR., INDIVIDUALLY AND D/B/A TEXSTAR RESOURCES, AND TEXSTAR RESOURCES LLC, Appellants v. ANTHONY L. MCCALLA AND CHERYL A. MCCALLA, GARY DUANE SANDERS, ASPECT ENERGY, LLC, ABUNDANT RESOURCES, LLC, ASPECT ABUNDANT SHALE, LP, AND ASPECT ABUNDANT SHALE, GP, LLC, Appellees

From the 413th District Court Johnson County, Texas Trial Court No. C200600228

MEMORANDUM OPINION

Appellants have filed a motion to dismiss this appeal. Appellees have advised by letter that they believe this appeal is subject to dismissal for want of jurisdiction.

Appellants’ motion is granted, and the appeal is dismissed.

FELIPE REYNA Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis (Chief Justice Gray concurs in the Court’s judgment to the extent that it dismisses the appeal and assesses costs against the appellant. He does not otherwise join the opinion or judgment. A separate opinion will not issue.)

Appeal dismissed Opinion delivered and filed December 29, 2010 [CV06]

Tolliver v. McCalla Page 2