COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS VICTORY ENERGY CORPORATION, § No. 08-12-00248-CV SMART GAS, LLC, AND HCP INVESTMENTS, LLC, § Appeal from Appellants/Cross-Appellees, § 112th District Court v. § of Crockett County, Texas OZ GAS CORPORATION, § (TC # 08-04-07047-CV) Appellee/Cross-Appellants. § MEMORANDUM OPINION There are two motions to dismiss pending before the Court. First, the Cross-Appellant, Oz Gas Corporation has filed a motion to dismiss its cross-appeal pursuant to TEX.R.APP.P. 38.8(a)(1) because it no longer wishes to pursue the appeal. Second, Victory Energy Corporation, SmartGas LLC, and HCP Investments, LLC have filed a motion to dismiss Oz’s cross-appeal for lack of prosecution. TEX.R.APP.P. 42.3(b). We grant Oz’s motion to dismiss its cross-appeal and deny as moot the motion to dismiss the cross-appeal for want of prosecution.

Oz’s cross-appeal is hereby dismissed and costs of the cross-appeal are assessed against Oz. See TEX.R.APP.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

March 28, 2013 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.