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 ENERGYPARTNERS, 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 ChiefJustice Thomas and Justices Whittington and Moseley 

## The Courthas before itappellants' and appellee'sDecember29,1997 agreedmot10n 

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

# (2)appellantsnolongerdciretopursuethe,appeal. Therefore,ontheparties'December 29, 1997 motion, this appeal is DISMISSED. See Tex. R. App. P. 42.1.

Do Not Publish Tex. R. App. P. 47 PER CURIAMS '



### (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, thejudgment ofthe trial court" 

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

## appellantsUnitedResources Oil andGas Corporation, UnitedResourcesEquityPartners-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, ifany, ofthe 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 ofaction asserted in this matter have been settled in their entirety. As aresult, Appellants and 

## Appelleedesirethatallclaims andcauses ofaction assertedinthis suitandappealbedismissed, with prejudice to the refiling ofsame, with each party to bearits own costs ofcourt, and agree

Page l Stipulation for Dismissalthat 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 ofbond previously deposited and posted
as security for payment ofthejudgment 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 2IC40523.1

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.

Page 3