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,

Appellee s

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§ No. 08

- 21

- 00200

- CV

Appeal from the

83 rd Judicial D istrict Court

o f 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 Cit ies 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 is2 not challenging in this appeal the trial court’s order 1 granting the City Appellees’ plea s 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

A ppel lees : (1) the City of Abilene ; (2) the C ity of Midland ; and (3) the City of San Angelo

. See

T EX

. R. A PP

. P. 42.1 (b)

.

Appellant ’ s appeal against A ppellees Middle Pecos Groundwater Conservation District,

Ty Edwards, i n h is c apacity a s 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 s tyled Cockrell Investment Partners, L.P., v. Middle Pecos G r oundwater

Conservation District, Ty Edwards, I n H is C apacity 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 2 9 , 2022

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

1 The parties’ memorialization of their agreement refer s to the “January 8, 2020 Order.” The trial court’s order of that
date grant s 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 jurisdicti on filed by the City of Midland

. It appears from t he 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 f iled 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 Novembe r 2, 2020. The remaining three

, non

- city A ppellees similarly filed their own pleas to the jurisdiction during this same time frame. The trial court held a hearing on the individual plea s 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 A ppellees’ plea s to the jurisdiction was entered on January 11, 2021, followi ng the same December 17, 2020 hearing.