Dismissed and Opinion Filed January 7, 1998

In The

(Enurt at Appeals

JTtftlj Itsirxrt at Qfexas at lailas

No. 05-96-01086-CV

UNITED RESOURCES OIL AND GAS CORPORATION,

UNITED RESOURCES EQUITY PARTNERS-I, L.P., and

UNITED RESOURCES ENERGY PARTNERS, SERIES II, L.P., AppeUants

TRIUMPH NATURAL GAS, INC, Appellee

On Appeal from the 192nd District Court

Dallas County, Texas

Trial Court Cause No. 93-05355-K

OPINION PER CURIAM

Before Chief Justice Thomas and Justices Whittington and Moseley

The Court has before it appellants' and appellee's December 29,1997 agreed mot10n

to dismiss. The mot.on states (1) the parties have reached asettlement of all claims, and

(2) appellants no longer dcire to pursue the, appeal. Therefore, on the parties' December

29, 1997 motion, this appeal is DISMISSED. See Tex. R. App. P. 42.1.

Do Not Publish

Tex. R. App. P. 47

PER CURIAM
S '

(Hourt of Appeals

W\iVc[ iBtsiHrt of G^xas at Dallas

JUDGMENT

UNITED RESOURCES OIL AND GAS

CORPORATION, UNITED

RESOURCES EQUITY PARTNERS-I,

L.P., AND UNITED RESOURCES

ENERGY PARTNERS, SERIES II,

L.P.,, Appellants

No. 05-96-01086-CV V.

TRIUMPH NATURAL GAS, INC.,

Appellee

Appeal from the 192nd District Court of

Dallas County, Texas. (Tr.Ct.No. 93-

05355-K).

Opinion delivered per curiam before a

panel of Chief Justice Thomas and

Justices Whittington and Moseley.

In accordance with this Court's opinion of this date, the judgment of the trial court"

is AFFIRMED. It is ORDERED that each party shall bear its own costs of appeal. After

appellants United Resources Oil and Gas Corporation, United Resources Equity Partners-I,

LP and United Resources Energy Partners, Series II, L.P. pay all costs assessed against them, the Dallas County District clerk is directed to release the balance, if any, of the cash

deposit to appellants' attorney, Charles Jefferson.

Judgment entered January 7, 1998.
NO. 05-96-01086-CV

IN THE

COURT OF APPEALS

FIFTH SUPREME JUDICIAL DISTRICT

DALLAS, TEXAS

UNITED RESOURCES OIL AND GAS

CORPORATION, UNITED RESOURCES

EQUITY PARTNERS-I, L.P., and

UNITED RESOURCES ENERGY

PARTNERS, SERIES H, L.P.,

vs.

TRIUMPH NATURAL GAS, INC.

STD7ULATION FOR DISMISSAL

Appellants,

Appellee.

TO THE HONORABLE COURT OF APPEALS:

Under TEX. R. App. P. § 42.1(a)(1), United Resources Oil &Gas Corporation, United

Resources Equity Partners-I, L.P., and United Resources Energy Partners, Series H, L.P.

("Appellants") and Triumph Natural Gas, Inc. ("Appellee") stipulate that all claims and causes

of action asserted in this matter have been settled in their entirety. As aresult, Appellants and

Appellee desire that all claims and causes of action asserted in this suit and appeal be dismissed,

with prejudice to the refiling of same, with each party to bear its own costs of court, and agree

Page l

Stipulation for Dismissal
that the FinalJudgment of the trial court entered on March 19, 1996, in Cause No. 93-5355-K

in the 192nd Judicial District Court of Dallas County, Texas, styled Triumph Natural Gas,

Inc. v. United Resources Oil and Gas Corporation, United Resources Equity Partners I, L.P.,

and United Resources Energy Partners, Series II, L.P. (a copy of which is attached hereto),

should be vacated. See Pantterra Corp. v. American Dairy Queen, 908 S.W.2d 300, 300-01

(Tex. App.—San Antonio 1995, no writ)(holding that when a cause becomes moot on appeal,

all prior orders and judgments should be set aside by the appellate court and the cause, not

merely the appeal, dismissed). Appellants and Appellee further agree and request that this Court

enter an order directing the District Clerk of Dallas County to release to Appellants' attorney,

Charles Jefferson, One River Walk, 700 North St. Mary's Street, Suite 1000, San Antonio,

Texas 78205, the proceeds ofthe cash deposit in lieu of bond previously deposited and posted

as security for payment of the judgment in this matter.

Respectfully submitted,

THE LAW OFFICE OF CHARLES JEFFERSON

One River Walk

700 North St. Mary's Street, Suite 1000

San Antonio, TX 78205

Telephone: 210/227-4182

Facsimile: 214/227-5514

Stipulation for Dismissal

By: U> /#

CHARLES M. JE

State Bar No. IOoX^O

ATTORNEY FOR APPELLANTS,

UNITED RESOURCES OIL & GAS

CORPORATION, UNITED ^0URC^J^TM PARTNERS-I, L.P. and UNITED RESOURCES

ENERGY PARTNERS, SERIES II, L.P.

Page 2
IC40523.1

Stipulation for Dismissal

VIAL, HAMILTON, KOCH & KNOX, L.L.P.

1717 Main Street, Suite 4400

Dallas, TX 75201-7388

Telephone: 214/712-4400

Facsimile: 214/712-4402

By:

JULIE E. ANGELLEY

State Bar No. 00793477

ATTORNEYS FOR APPELLEE, TRIUMPH

NATURAL GAS, INC.

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