Scarbrough Haven L.L.C., a Texas Limited Liability Company v. Plains Pipeline, L.P., a Texas Limited Partnership

NO. 12-16-00180-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

SCARBROUGH HAVEN L.L.C., A § APPEAL FROM THE 354TH TEXAS LIMITED LIABILITY

COMPANY,

APPELLANT

V. § JUDICIAL DISTRICT COURT PLAINS PIPELINE, L.P., A TEXAS

LIMITED PARTNERSHIP,

APPELLEE § RAINS COUNTY, TEXAS MEMORANDUM OPINION

PER CURIAM

Appellant filed a document with the trial court clerk expressing its intent to appeal the award of special commissioners in a condemnation case. Ultimately, the document was transmitted to this Court. The clerk of this Court filed the document and requested that Appellant remit the filing fee for the appeal. Appellant responded that the document relates only to the pending proceeding in the trial court and that it does not intend to initiate an appellate proceeding in this Court at this time. Because Appellant does not wish to pursue an appellate proceeding here at this time, we dismiss the appeal. See TEX. R. APP. P. 42.1(a). Opinion delivered July 20, 2016.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(PUBLISH) COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JULY 20, 2016

NO. 12-16-00180-CV

SCARBROUGH HAVEN L.L.C., A TEXAS LIMITED LIABILITY COMPANY, Appellant

V.

PLAINS PIPELINE, L.P., A TEXAS LIMITED PARTNERSHIP, Appellee

Appeal from the 354th District Court of Rains County, Texas (Tr.Ct.No. 9928) THIS CAUSE came on to be heard on the appellate record, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the appeal be dismissed, and that this decision be certified to the court below for observance. By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.