BNP OIL AND GAS PROPERTIES, LTD. v. TOBY SHOR AND SEASHORE INVESTMENTS MANAGEMENT TRUST--Appeal from County Court at Law No 3 of Nueces County (per curiam)

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NUMBER 13-11-00744-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG BNP OIL AND GAS PROPERTIES, LTD., Appellant, v. TOBY SHOR AND SEASHORE INVESTMENTS MANAGEMENT TRUST, Appellees. On appeal from the County Court at Law No. 3 of Nueces County, Texas. MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Benavides Memorandum Opinion Per Curiam BNP Oil and Gas Properties, Ltd., perfected an appeal from a judgment entered in trial court cause number 09-60343-3 by the County Court at Law No. 3 of Nueces County, Texas. This appeal was originally docketed in appellate cause 13-11-00413-CV. In that cause, appellant filed a motion to voluntarily dismiss the appeal. By order, the Court granted the motion and ordered the appeal of BNP Oil and Gas Properties, Ltd. to be severed and placed in this cause for disposition. See TEX. R. APP. P. 42.1(a). The Court, having considered the documents on file and BNP Oil and Gas Properties, Ltd. s motion to voluntarily dismiss the appeal, is of the opinion that the motion should be granted. DISMISSED. The motion to dismiss is granted, and the appeal is hereby Costs will be taxed against appellant. See id. R. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellant s request, no motion for rehearing will be entertained, and our mandate will issue forthwith. PER CURIAM Delivered and filed the 1st day of December, 2011. 2

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