Burlington Resources Oil & Gas Company LP v. Verde Minerals, LLC, Lighthouse Management Group, Inc., and David Weiner, Ancillary Receiver

• Court: Court of Appeals of Texas
• Decided: January 7, 2015
• Docket: 05-15-00014-CV
• Status: Published

Opinion

ACCEPTED FILED 05-15-00014-CV DALLAS COUNTY 05-15-00014-CV FIFTH1/5/2015 COURT 12:06:08 OF APPEALS DALLAS, PM TEXAS FELICIA PITRE 1/7/2015 9:05:26 DISTRICT AM CLERK LISA MATZ CLERK

CAUSE NO. DC13-13916

IN RE: ANCILLARY RECEIVERSHIP OF § IN THE DISTRICT COURT FILED IN UNITED STATES INSTALLMENT REALTY § 5th COURT OF APPEALS COMPANY, A MINNESOTA CORPORATION, § DALLAS, TEXAS § 1/7/2015 9:05:26 AM (Ancillary to the General Receivership § LISA MATZ of United States Installment Realty Company, § Clerk DALLAS COUNTY, TEXAS a Minnesota corporation, and U.S.I. Realty § Company, a Minnesota corporation, in § In re Receivership of United States Installment § Realty Company, a Minnesota corporation, § No. 27-CV-13-4154, Fourth Judicial § District Court, Hennepin County, Minnesota) § 101ST JUDICIAL DISTRICT

BURLINGTON RESOURCES OIL & GAS COMPANY LP’S NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

Please take notice that Burlington Resources Oil & Gas Company LP (“Burlington”)

desires to appeal from the Order Approving Ancillary Receiver’s Final Report and Discharging

Ancillary Receiver, and Denying Intervenor’s Plea to the Jurisdiction dated December 19, 2014,

which finally disposes of all pending claims asserted by all parties in this proceeding

(hereinafter, the “Final Judgment”). Burlington further desires to appeal from any and all orders

incorporated, subsumed or merged into the Final Judgment, as well as from any and all previous

adverse orders entered in this proceeding. The trial court never had jurisdiction, as a result, any

and all orders entered in this proceeding are void. Burlington desires to appeal to the Court of

Appeals for the Fifth District, sitting in Dallas.

1 Dated: January 5, 2015 Respectfully submitted,

/s/ W. Scott Hastings Michael V. Powell Texas Bar No. 16204400 W. Scott Hastings Texas Bar No. 24002241 Susan E. Adams Texas Bar No. 24059354 LOCKE LORD LLP 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201-6776 Main Telephone: (214) 740-8000 Main Facsimile: (214) 740-8800

ATTORNEYS FOR INTERVENOR, BURLINGTON RESOURCES OIL & GAS COMPANY L.P.

2 CERTIFICATE OF SERVICE

I certify that true and correct copies of the foregoing have been served this the 5th day of January, 2015, on all counsel of record via email and certified mail, return receipt requested, as follows:

Mr. Timothy E. Malone DECKER, JONES, MCMACKIN, MCCLANE, HALL & BATES, P.C. Burnett Plaza, Unit 46 801 Cherry Street, Suite 2000 Fort Worth, Texas 76102 Attorneys for Verde Minerals, LLC

Mr. Jeffrey R. Ansel WINTHROP & WEINSTINE, P.A. Capella Tower, Suite 3500 225 South Sixth Street Minneapolis, Minnesota 55402 Attorneys for Lighthouse Management Group, Inc., as General Receive for United States Installment Realty Company and for U.S.I. Realty Company

Mr. David Weiner One Lincoln Center 5400 LBJ Freeway, Suite 1260 Dallas, Texas 75240 Ancillary Receiver in Texas for United States Installment Realty Company and for U.S.I. Realty Company

/s/ W. Scott Hastings W. Scott Hastings