ETC KATY PIPEL., LTD. v. FLR PIPEL. CORR. NO. 1.

Nos. 10-08-00219-CV, 10-08-00220-CV, 10-08-00221-CV, 10-08-00222-CV, 10-08-00223-CV.

276 S.W.3d 577 (2008)

ETC KATY PIPELINE, LTD., Appellant, v. FLR PIPELINE CORRIDOR NO. 1, LLC, Camp Cooley Ltd. and North CC Pipeline Corridor, LLC, McCormick Pipeline Corridor, LLC, Martin Pipeline Corridor, LLC, FPJ Pipeline Corridor No. 1, LLC, Appellees.

Court of Appeals of Texas, Waco.

December 3, 2008.


Attorney(s) appearing for the Case

Steven R. Sampson, Barron & Adler, LLP, San Antonio, for appellant.

Bryan F. Russ, Jr., Palmos, Russ, McCullough & Russ, LLP, Hearne, for appellees.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


OPINION

BILL VANCE, Justice.

The issue in each of these five appeals is the same: Should a trial court modify a dismissal order, filed in a condemnation proceeding before the special commissioners have met, to remove the term "with prejudice" when asked to do so by the condemning authority? Our answer is yes.

ETC Katy Pipeline, Ltd. (ETC) filed five condemnation proceedings with the district judge...

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