COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

COCKRELL INVESTMENT PARTNERS, 

L.P.,

Appellant,

v.

MIDDLE PECOS GROUNDWATER 

CONSERVATION DISTRICT, TY 

EDWARDS, In His Capacity as General 

Manager of the MIDDLE PECOS 

GROUNDWATER CONSERVATION 

DISTRICT, FORT STOCKTON 

HOLDINGS, L.P., CITY OF MIDLAND, 

CITY OF SAN ANGELO, AND CITY OF 

ABILENE,

Appellees.

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No. 08-21-00200-CV

Appeal from the

83rd Judicial District Court

of Pecos County, Texas

(TC# P-8277-83-CV)

MEMORANDUM OPINION

Before the Court is a joint motion of partial dismissal filed by Appellant, Cockrell 

Investment Partners, L.P., and Appellees, the Cities of Abilene, Midland, and San Angelo

(collectively, the City Appellees), based on the parties’ agreement. A memorialization of the 

agreement was filed with the Court on July 28, 2022. The agreement confirms that Appellant is 
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not challenging in this appeal the trial court’s order1 granting the City Appellees’ pleas to the 

jurisdiction and dismissal. Appellant and the City Appellees request the appeal against the City 

Appellees be dismissed.

We grant the motion for partial dismissal and dismiss the appeal against the following 

Appellees: (1) the City of Abilene; (2) the City of Midland; and (3) the City of San Angelo. See

TEX. R. APP. P. 42.1(b). 

Appellant’s appeal against Appellees Middle Pecos Groundwater Conservation District, 

Ty Edwards, in his capacity as General Manager of the Middle Pecos Groundwater Conservation 

District, and Fort Stockton Holdings, L.P. will remain pending but modified. The appeal will 

hereafter be styled Cockrell Investment Partners, L.P., v. Middle Pecos Groundwater 

Conservation District, Ty Edwards, In His Capacity as General Manager of the Middle Pecos 

Groundwater Conservation District, and Fort Stockton Holdings, L.P. Costs of the appeal will be 

assessed upon final disposition of the appeal. 

GINA M. PALAFOX, Justice

August 29, 2022

Before Rodriguez, C.J., Palafox, and Alley, JJ.

1 The parties’ memorialization of their agreement refers to the “January 8, 2020 Order.” The trial court’s order of that 

date grants the joint plea to the jurisdiction filed by the City of Abilene and the City of San Angelo, as well as the 

separate plea to the jurisdiction filed by the City of Midland. It appears from the record, however, that the order was

mistakenly dated as signed on January 8, 2020, as opposed to January 8, 2021. The record shows the original petition 

and application for temporary injunction was not filed by Appellant Cockrell Investment Partners, L.P., until

September 11, 2020, or months after the order date. On October 7, 2020, the City of Abilene and the City of San 

Angelo jointly filed a plea to the jurisdiction. The City of Midland followed suit by filing its own plea to the jurisdiction 

on November 2, 2020. The remaining three, non-city Appellees similarly filed their own pleas to the jurisdiction 

during this same time frame. The trial court held a hearing on the individual pleas to the jurisdiction on December 17, 

2020. The signed order dated January 8, 2020, was file-stamped with the district clerk on January 11, 2021. A second 

order denying the remaining Appellees’ pleas to the jurisdiction was entered on January 11, 2021, following the same 

December 17, 2020 hearing.