Court of Civil Appeals of Texas, 2012

Frac Tech Services, Ltd. F/K/A Frac Tech Services, L.L.C. v. FMC Technologies, Inc.

Frac Tech Services, Ltd. F/K/A Frac Tech Services, L.L.C. v. FMC Technologies, Inc.
Court of Civil Appeals of Texas · Decided April 5, 2012

Frac Tech Services, Ltd. F/K/A Frac Tech Services, L.L.C. v. FMC Technologies, Inc.

Opinion

Opinion filed April 5, 2012

 

                                                                       In The

                                                                             

  Eleventh Court of Appeals

                                                                   __________

 

                                                         No. 11-11-00175-CV

                                                    __________

 

FRAC TECH SERVICES, LTD. F/K/A FRAC TECH SERVICES, L.L.C.

 

                                                             V.

 

                                       FMC TECHNOLOGIES, INC.

 

                                   On Appeal from the 266th District Court

 

                                                            Erath County, Texas

 

                                                  Trial Court Cause No. CV-29355

 

 

                                            M E M O R A N D U M    O P I N I O N

            Appellant, Frac Tech Services, Ltd. f/k/a Frac Tech Services, L.L.C., and appellee, FMC Technologies, Inc., have filed an agreed motion to dismiss this appeal pursuant to Tex. R. App. P. 42.1(a)(2).  In the motion, the parties state that they:

[H]ave reached a settlement and agreed that this appeal, and the underlying action from which it has been taken, should be DISMISSED WITH PREJUDICE as to all claims that were or could have been made in the trial court below, in this court of appeals or elsewhere from the beginning of time to this date.  The Parties further agree that the judgment entered by the 266th District Court on April 19, 2011, is to be deemed fully satisfied and may not be executed upon. 

Therefore, in accordance with the parties’ request and pursuant to Rule 42.1(a)(2)(A), this appeal and the underlying action from which it has been taken are dismissed with prejudice.  The judgment entered by the trial court in this cause on April 19, 2011, is hereby deemed fully satisfied and may not be executed upon.    

The agreed motion to dismiss is granted, and the appeal is dismissed.

 

                                                                                    PER CURIAM

 

April 5, 2012

Panel consists of: Wright, C.J.,

McCall, J., and Kalenak, J.

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