Estate of William Alvin Moncrief, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 1, 2024
• Docket: 02-23-00058-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-23-00058-CV

ESTATE OF WILLIAM ALVIN § On Appeal from Probate Court No. 2 MONCRIEF, JR. DECEASED § of Tarrant County (2021-PR004259-2-B)

§ August 1, 2024

§ Opinion by Justice Wallach

§ Dissenting Opinion by Justice Birdwell

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was error in the trial court’s order. We reverse the trial court’s temporary injunction

order and stay order prohibiting Appellants Richard W. Moncrief, individually and as

alleged Co-Trustee of the W.A. Moncrief, Jr. Management Trust (Management Trust)

and Marshall M. Searcy, individually and as alleged Co-Trustee of Management Trust,

from proceeding with the Moncrief Oil & Gas Master LLC and the South Beaver

Ranch LLC arbitrations. We also reverse the trial court’s implicit order denying Appellants’ motions to abate the trial court’s proceedings regarding William Alvin

Moncrief, Jr.’s capacity issues pending resolution of the arbitrations. The trial court is

instructed to abate its proceedings involving the capacity issues until final resolution

of the arbitration.

It is further ordered that Appellees Gloria Marie Moncrief, Tom Oil Moncrief,

and Gary R. Allen shall jointly and severally pay all of the costs of this appeal, for

which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By __/s/ Mike Wallach__________________ Justice Mike Wallach