Court of Civil Appeals of Texas, 2019

Griffith Technologies, Inc. Bennett W. Griffith and Jennifer Griffith, BWJAG Enterprises LLC, and Jimmy Legg v. Packers Plus Energy Services, (USA), Inc. and Packers Plus Energy Services, Inc.

Griffith Technologies, Inc. Bennett W. Griffith and Jennifer Griffith, BWJAG Enterprises LLC, and Jimmy Legg v. Packers Plus Energy Services, (USA), Inc. and Packers Plus Energy Services, Inc.
Court of Civil Appeals of Texas · Decided July 2, 2019

Griffith Technologies, Inc. Bennett W. Griffith and Jennifer Griffith, BWJAG Enterprises LLC, and Jimmy Legg v. Packers Plus Energy Services, (USA), Inc. and Packers Plus Energy Services, Inc.

Opinion

Order issued July 2, 2019

In The Court of Appeals For The First District of Texas ———————————— NO. 01-18-00674-CV ——————————— GRIFFITH TECHNOLOGIES, INC., BENNETT W. GRIFFITH, JENNIFER GRIFFITH, BWJAG ENTERPRISES, LLC, PARTNERS N PRODUCTION, LLC, TONY LI AND JIMMY LEGG, Appellants V. PACKERS PLUS ENERGY SERVICES, (USA), INC. AND PACKERS PLUS ENERGY SERVICES, INC., Appellees

On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 2016-67543

MEMORANDUM ORDER Appellants, Partners N Production (“PNP”) and Tony Li (“Li”), have filed an unopposed partial motion to dismiss their appeals. See TEX. R. APP. P. 42.1(a)(1).

Appellants PNP and Li request dismissal of their appeals because they have settled all their claims involving the appellees, Packers Plus Energy Services, (USA), Inc. and Packers Plus Energy Services, Inc. (collectively, “Packers”), and further request that PNP, Li, and the Packers be directed to pay their own appellate costs. See TEX. R. APP. P. 42.1(d). Appellants PNP and Li contend that this partial dismissal will not prejudice the appeals by the remaining appellants, Griffith Technologies, Inc., Bennett W. Griffith, Jennifer Griffith, BWJAG Enterprises, LLC, and Jimmy Legg (collectively, “Griffith Parties”), because the briefing period has closed and the Griffith Parties’ claims do not depend on arguments raised by PNP or Li. See TEX. R. APP. P. 42.1(b). No opinion has issued. See TEX. R. APP. P. 42.1(c).

Accordingly, we grant appellants PNP and Li’s partial motion and dismiss their appeals and, upon issuance of this Court’s judgment, appellate costs are to be taxed against the party who incurred the same among PNP, Li, and the Packers. See TEX. R. APP. P. 42.1(a)(1), (d), 43.2(f). The appeals by the Griffith Parties remain pending. See TEX. R. APP. P. 42.1(b).

PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and Hightower.

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