Unreported / Non-Citable
Background
CNOOC Energy U.S.A. LLC appealed from a proceeding in the 201st District Court of Travis County involving the Railroad Commission of Texas, Williams MLP Operating LLC, and Mockingbird Midstream GS Services, LLC. The Railroad Commission filed a cross-appeal.
The parties jointly moved to dismiss both the appeal and the cross-appeal. Williams and Mockingbird had also filed a motion for an extension of time to file a notice of appeal.
The Court’s Holding
The Texas Fifteenth Court of Appeals granted the parties’ joint motion and dismissed the appeal and cross-appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
Because the case was dismissed, the court also dismissed as moot Williams and Mockingbird’s pending motion for an extension of time to file a notice of appeal. The per curiam memorandum opinion did not address the merits of the underlying dispute.
Key Takeaways
- The court dismissed both the appeal and cross-appeal at the parties’ joint request.
- The dismissal was procedural and did not resolve the underlying merits.
- The pending motion to extend the deadline for a notice of appeal was dismissed as moot.
Why It Matters
The decision illustrates that Texas appellate courts may terminate an appeal when the parties jointly seek dismissal. Once the appeal and cross-appeal were dismissed, the related request for additional time to file a notice of appeal no longer required a ruling.