Pape Partners, Ltd, Glenn R. Pape and Kenneth W. Pape v. DRR Family Properties LP and Louise W. Champagne ( 2018 )


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  • IN THE TENTH COURT OF APPEALS No. 10-17-00180-CV PAPE PARTNERS, LTD., GLENN R. PAPE AND KENNETH W. PAPE, Appellants v. DRR FAMILY PROPERTIES LP AND LOUISE W. CHAMPAGNE, Appellees From the 74th District Court McLennan County, Texas Trial Court No. 2017-1724-3 ORDER Appellants, Pape Partners, Ltd., Glenn R. Pape, and Kenneth W. Pape, and Appellee, Louise W. Champagne, have filed an “Unopposed Joint Partial Motion to Vacate and Dismiss by Agreement of Appellants and Appellee Louise Champagne.” The motion states that Appellants and Appellee Champagne have fully and finally settled the underlying dispute between them. Appellants and Appellee Champagne therefore ask us to vacate the trial court’s April 17, 2017 “Order on Defendant Louise W. Champagne’s Motion to Dismiss for Lack of Subject Matter Jurisdiction,” dismiss Appellants’ claims against Appellee Champagne with prejudice, and order that any costs incurred by Appellants and Appellee Champagne with regard to Appellants’ claims against Appellee Champagne be taxed against the party incurring the same. See TEX. R. APP. P. 42.1(a)(2)(A), 43.2(e). We grant the motion. Accordingly, we vacate the trial court’s April 17, 2017 “Order on Defendant Louise W. Champagne’s Motion to Dismiss for Lack of Subject Matter Jurisdiction” and dismiss Appellants’ claims against Appellee Champagne with prejudice. We further order that each party is assessed the costs incurred by that party with regard to Appellants’ claims against Appellee Champagne. Appellants’ appeal of the trial court’s March 31, 2017 “Order on Defendant DRR Family Properties, LP’s Motion to Dismiss for Lack of Subject Matter Jurisdiction” remains pending. PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins Order issued and filed February 7, 2018 Do not publish Pape Partners, Ltd. v. DRR Family Props. LP Page 2

Document Info

Docket Number: 10-17-00180-CV

Filed Date: 2/7/2018

Precedential Status: Precedential

Modified Date: 2/9/2018