Chesapeake Exploration, L.L.C., Chesapeake Operating, L.L.C., Jamestown Resources, L.L.C., and OOGC American LLC v. 7K Investments, Ltd.

Fourth Court of Appeals

San Antonio, Texas MEMORANDUM OPINION No. 04-19-00503-CV

CHESAPEAKE EXPLORATION, L.L.C., Chesapeake Operating, L.L.C., Jamestown

Resources, L.L.C., and OOGC American LLC,

Appellants v. 7K INVESTMENTS, LTD., et al., Appellees

From the 218th Judicial District Court, La Salle County, Texas

Trial Court No. 16-03-00030-CVL Honorable John D. Gabriel, Jr., Judge Presiding

PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice

Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: June 9, 2021 VACATED AND REMANDED

On June 29, 2020, appellants filed a notice with this court stating appellants were in bankruptcy. See TEX. R. APP. P. 8. This appeal and all time periods were accordingly stayed from the date the bankruptcy petition was filed. See TEX. R. APP. P. 8.2. This court subsequently issued an order abating this appeal. For administrative purposes, this case was treated as a closed case, unless and until it is reinstated in accordance with Rule 8.3 of the Texas Rules of Appellate Procedure.

On May 26, 2021, the parties filed a “Joint Motion to Vacate Judgment and Remand Pursuant to Settlement” moving this court to set aside the district court’s “Corrected Final Judgment” without regard to the merits and remand the case to the district court to dismiss the claims pursuant to the parties’ settlement. See TEX. R. APP. P. 42.1(a)(2)(B).

We order this appeal REINSTATED, and the motion is GRANTED. We VACATE the district court’s “Corrected Final Judgment” without regard to its merits and REMAND this case to the district court for rendition of judgment in accordance with the parties’ settlement agreement. See id. Because the motion does not indicate that the parties agreed otherwise, costs are taxed against the appellant. See TEX. R. APP. P. 42.1(d).

PER CURIAM