Eagle Oil & Gas CO. and Eagle Wes-Tex, L.P. v. Shale Exploration, LLC

Opinion

DATE 11/6//2015 FILED IN R

AMENDED NOTICE OF APPEALS 1st COURT OF APPEALS ASSIGNMENT OF COURT OF APPEALS HOUSTON, TEXAS 11/6/2015 11:00:49 AM TO: 1ST COURT OF APPEALS CHRISTOPHER A. PRINE Clerk

From: Deputy Clerk: IRMA MEDINA Chris Daniel, District Clerk Harris County, T E X A S

CAUSE: 2012-25694

VOLUME PAGE OR IMAGE # 67496086

DUE 2/15/2016 ATTORNEY 2752000

NOTICE OF APPEAL HAS BEEN ASSIGNED TO THE 1ST

DATE ORDER SIGNED: 9/29/2015

MOTION FOR NEW TRIAL FILED: 10/16/2015

REQUEST TRANSCRIPT DATE FILED 10/16/2015

NOTICE OF APPEAL DATE FILED 10/16/2015

NUMBER OF DAYS: ( CLERKS RECORD ) 120 FILE ORDERED: YES NO IMAGED FILED: YES NO

CODES FOR NOTICE OF APPEAL: BC, C, O

CHRIS DANIEL Harris County, District Clerk

By: /s/IRMA MEDINA IRMA MEDINA, Deputy

BC NOTICE OF APPEAL FILED BG NOTICE OF APPEAL FILED – GOVERNMENT C JUDGMENT BEING APPEALED D- ACCELERATED APPEAL OA NO CLERK’S RECORD REQUEST FILED O CLERK’S RECORD REQUEST FILED (W/NOTICE OF APPEAL) NA AMENDED NOTICE OF APPEAL

AP9 R04-30-92 S:\FormsLib\Civil Bureau\Civil Courts & Post Judgment\Post Trial\Appeal Status Card Revised 01-18-2013 10/16/2015 4:08:15 PM Chris Daniel - District Clerk Harris County Envelope No. 7418579 By: Irma Medina Filed: 10/16/2015 4:08:15 PM CAUSE NO. 2012-25694

SHALE EXPLORATION, LLC § IN THE DISTRICT COURT § Intervenor-Plaintiff § § v. § 152ND JUDICIAL DISTRICT § EAGLE OIL & GAS CO. AND § EAGLE WES-TEX, L.P. § § Intervenor-Defendants § HARRIS COUNTY, TEXAS

INTERVENOR-DEFENDANTS EAGLE OIL & GAS CO. AND EAGLE WES-TEX, L.P.'S NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

Pursuant to Rule 320 et seq. of the Texas Rules of Civil Prcoedure and Rules 25 and 26

of the Texas Rules of Appellate Procedure, Intervenor-Defendants Eagle Oil & Gas Co. and

Eagle Wes-Tex, L.P. hereby file their Notice of Appeal from the following judgment signed by

the Honorable Judge Robert Schaffer, Presiding Judge of the 152nd Judicial District Court,

Harris County, in the above-numbered and styled cause, Cause No. 2012-25694, Shale

Exploration. LLC v. Eagle Oil & Gas Co. and Eagle Wes-Tex, L.P.: (1) Judgment signed on July

21, 2015 (attached as Exhibit A), and (2) Amended Judgment signed on September 29, 2015

(attached as Exhibit B).

Intervenor-Defendants Eagle Oil & Gas Co. and Eagle Wes-Tex, L.P. desire to appeal the

(1) Judgment signed on July 21, 2015 (attached as Exhibit A), and (2) Amended Judgment

signed on September 29, 2015 (attached as Exhibit B), to the First or Fourteenth District Courts

of Appeals in Houston, Texas.

2686493 vl-23871/0008 PLEADINGS Although Intervenor-Defendants Eagle Oil & Gas Co. and Eagle Wes-Tex, L.P. assert

that the Amended Judgment signed on September 29, 2015 vacated and/or replaced the Judgment

signed on July 21, 2015, and thus restmied the post-judgment motion deadlines and the appellate

timetable, Intervenor-Defendants Eagle Oil & Gas Co. and Eagle Wes-Tex, L.P. hereby file this

Notice of Appeal in an abundance of caution.

Note that Intervenor-Defendants Eagle Oil & Gas Co. and Eagle Wes-Tex, L.P. filed (1)

a Motion for New Trial and Motion to Modify, Correct, or Reform the Judgment on August 19,

2015, and (2) a Motion for New Trial and Motion to Modify, Correct, or Reform the Judgment as

to the Amended Judgment Signed on September 29,2015 on October 16,2015.

2686493 vl-23871/0008 PLEADJNGS Respectfully submitted,

GODWIN LEWIS PC

By: Is/Bruce W. Bowman, Jr. Bruce W. Bowman, Jr. Texas Bar No. 02752000 W.lra Bowman Texas BarNo. 24050316 Elisaveta Dolghih Texas Bar No. 24043355 Shawn M. McCaskill Texas Bar No. 24007633 Renaissance Tower 1201 Elm Street, Suite 1700 Dallas, Texas 75270-2041 Ph: (214) 939-4485 Fx: (214) 527-3239 Email: Bruce. Bowman(li~Godwi nLcwis.com Ira.Bowman(d!GodwinLewis.com l_,ciz,<.!.,_Po l_ghib@God\vi n Lewis"_g_gm Shawn.McCaskillra)GodwinLcwis.com

Elaine A. Carlson Texas Bar No. 03813575 15 Chestnut Hill Court The Woodlands, TX 773 80 Ph: (713) 646-1870 Email: ·········-··--···-·-·-·-·-····-··------...,...L---··-·-····-··--···-·-··-··--· clainecarlson(a)comcast.nct

ATTORNEYS FOR EAGLE OIL & GAS CO. AND EAGLE WES-TEX, LP

2686493 vl-23871/0008 PLEADINGS CERTIFICATE OF SERVICE

The undersigned hereby certifies that on the 16th day of October, 2015, a true and correct copy of the foregoing document has been forwarded to the following via certified mail/return receipt and e-service:

Matthew R. Pearson Gravely & Pearson, LLP 425 Soledad, Suite 600 San Antonio, Texas 78205 IYH~t;_qr~qn@;_gnlm:Y!lrm.,. ~_m:n.

/s/ Bruce W. Bowman Jr. Bruce W. Bowman, Jr.

2686493 vl-23871/0008 PLEADINGS Pgs-3

EJUDX