The opinion
Opinion issued January 24, 2013.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-09-00643-CV
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ROBERT B. ALLEN, Appellant
V.
DEVON ENERGY HOLDINGS, L.L.C. F/K/A CHIEF HOLDINGS, L.L.C.
AND TREVOR REES-JONES, Appellees
On Appeal from the 190th District Court
Harris County, Texas
Trial Court Case No. 2007-39183A
MEMORANDUM OPINION ON REMAND
On March 9, 2012, this Court issued an opinion on rehearing and judgment
in this appeal, affirming in part and reversing in part the trial court’s judgment. A
petition for review was filed in the Texas Supreme Court. While the petition for
review was pending, the parties settled their dispute and filed a motion asking the
Texas Supreme Court, pursuant to Texas Rule of Appellate Procedure 56.3, to set
aside this Court’s and the trial court’s judgments without considering the merits
and remand the case to this Court. See TEX. R. APP. P. 56.3. The Texas Supreme
Court granted the motion and remanded to this Court. See id.
The parties have now filed a motion in this Court asking us to remand the
case to the trial court for entry of judgment. Appellees also ask us to withdraw our
March 9, 2012 opinion on rehearing. In accordance with the Texas Supreme
Court’s instruction, we grant the parties’ agreed motion to remand, and we remand
this case to the trial court for entry of judgment consistent with the parties’
settlement. See TEX. R. APP. P. 42.1(a)(2)(B). However, we deny appellees’ request
to withdraw our March 9, 2012 opinion on rehearing, and we do not withdraw that
opinion.
PER CURIAM
Panel consists of Justices Higley, Brown, and Halbach.1
1
The Honorable Joseph “Tad” Halbach, Judge of the 333rd District Court of Harris
County, participating by assignment.
2