                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-14-00325-CV
                           ____________________

       FORT APACHE ENERGY, INC., R. KEITH MORRIS, III,
 ADMINISTRATOR OF THE ESTATE OF VANNIE HRIVNATZ, DAVID
 JACOB HRIVNATZ, IN HIS CAPACITY AS PERMANENT GUARDIAN
  OF THE PERSON AND ESTATE OF DAVID ALLAN HRIVNATZ, AN
INCAPACITATED PERSON, AND HARRY G. HRIVNATZ JR., Appellants

                                         V.

               RESACA RESOURCES, LLC, ET AL, Appellees
_______________________________________________________            ______________

                    On Appeal from the 88th District Court
                            Tyler County, Texas
                           Trial Cause No. 22494
________________________________________________________             _____________

                          MEMORANDUM OPINION

      R. Keith Morris, III, Administrator of the Estate of Vannie Hrivnatz, filed a

motion to dismiss his appeal. The motion is voluntarily made by Morris prior to

any decision of this Court. See Tex. R. App. P. 42.1(a)(1). Other parties also filed

notice of appeal but have not joined the motion to dismiss the appeal. A severable

portion of an appeal may be dismissed if it will not prejudice the remaining parties.

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See Tex. R. App. P. 42.1(b). No party filed an objection to granting the motion to

dismiss.

      The motion to dismiss is granted and the appeal of R. Keith Morris, III,

Administrator of the Estate of Vannie Hrivnatz, is dismissed. See Tex. R. App. P.

42.1(a)(1). The appeals by Fort Apache Energy, Inc., David Jacob Hrivnatz, in his

capacity as Permanent Guardian of the Person and Estate of David Allan Hrivnatz,

an Incapacitated Person, and Harry G. Hrivnatz Jr. shall proceed in due course on

the Court’s active docket. See generally Tex. R. App. P. 42.1(b). We direct the

Clerk of the Court to re-style the appeal as Fort Apache Energy, Inc., David Jacob

Hrivnatz, in his capacity as Permanent Guardian of the Person and Estate of

David Allan Hrivnatz, an Incapacitated Person, and Harry G. Hrivnatz Jr. v.

Resaca Resources, LLC, et al.

      APPEAL DISMISSED IN PART.


                                                      PER CURIAM


Submitted on March 4, 2015
Opinion Delivered March 5, 2015

Before McKeithen, C.J., Kreger and Horton, JJ.




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