IN THE

TENTH COURT OF APPEALS

No. 10-07-00281-CV

Flying Diamond-West Madisonville

Limited Partnership, Sol Levine, and

Mardan Energy Corporation,

                                                                                    Appellants

 v.

GW Petroleum, Inc., Great Western

Onshore, Inc., Forcenergy Onshore, Inc.,

Cascade Energy Corporation, Faulconer

1996 LLC, Gulfwest Oil Company, and

Gulfwest Oil & Gas Company,

                                                                                    Appellees

From the 278th District Court

Madison County, Texas

Trial Court No. 6354

            Appellants, Flying Diamond-West Madisonville Limited Partnership, Sol Levine, and Mardan Energy Corporation filed a notice of appeal on September 13, 2007.  This Court issued its opinion and judgment affirming in part and reversing in part on August 26, 2009.  A motion for rehearing was filed on September 11, 2009.  This Court referred this cause to mediation on October 7, 2009. 

            Appellants and Appellees now jointly seek a dismissal of this appeal because the parties have settled their dispute in mediation and they no longer wish to pursue the appeal.  The parties have agreed that the costs of appeal should be borne by the party incurring them.

            Therefore, we withdraw the prior judgment entered in this cause dated August 26, 2009.  The opinion of the Court issued on August 26, 2009 is not withdrawn.  Tex. R. App. P. 42.1(c).

            Accordingly, this appeal is dismissed and the court costs are assessed against the party incurring them.  Tex. R. App. P. 42.1.  The motion for rehearing is denied as moot.

                                                                        TOM GRAY

                                                                        Chief Justice

Before Chief Justice Gray,

            Justice Reyna, and

            Justice Davis

Dismissed

Opinion delivered and filed April 14, 2010

[CV06]