Shirley Adams, Charlene Burgess, Willie Mae Herbst Jasik, William Albert Herbst, Helen Herbst and R. May Oil & Gas Company, Ltd. v. Murphy Exploration & Production Co.-USA, a Delaware Corporation

• Court: Court of Appeals of Texas
• Decided: March 3, 2015
• Docket: 04-15-00118-CV
• Status: Published

Opinion

ACCEPTED 04-15-00118-CV FOURTH COURT OF APPEALS 04-15-00118-CV SAN ANTONIO, TEXAS 3/3/2015 12:05:21 PM KEITH HOTTLE CLERK

CAUSE NO. 13-05-0466-CVA FILED IN SHIRLEY ADAMS, CHARLENE IN THE DISTRICT COURT 4th COURT OF APPEALS BURGESS, WILLIE MAE HERBST SAN ANTONIO, TEXAS JASIK, WILLIAM ALBERT HERBST, 03/3/2015 12:05:21 PM HELEN HERBST and R. MAY OIL & KEITH E. HOTTLE Clerk GAS COMPANY, LTD., Plaintiffs,

vs. 218th JUDICIAL DISTRICT

MURPHY EXPLORATION & PRODUCTION CO.-USA, A DELAWARE CORPORATION, efendant. ATASCOSA COUNTY, TEXAS IVIi\i',(3A1)1:1. L. lirk.LiON,

FEB 2 5 2015 PLAINTIFFS' NOTICE OF APPEAL CO TX Nita Texas Rule of Appellate Procedure 25.1, PLAINTIFFS -

SHIRLEY ADAMS, CHARLENE BURGESS, WILLIE MAE HERBST JASIK,

WILLIAM ALBERT HERBST, HELEN HERBST, AND R. MAY OIL & GAS

COMPANY, LTD hereby give notice of their desire to appeal from the Order

Setting Aside Final Judgment In Part and Entering Amended Final Judgment,

which was signed and entered on February 10, 2015, in Civil Cause Number 13-

05-0466-CVA, Shirley Adams, Charlene Burgess, Willie Mae Herbst Jasik,

William Albert Herbst, Helen Herbst and R. May Oil & Gas Company, Ltd. vs.

Murphy Exploration & Production Co. USA, a Delaware Corporation, in the

218th Judicial District Court of Atascosa County, Texas. The appeal is to the

1 Fourth Court of Appeals in San Antonio, Texas. A copy of the February 10, 2015

Order Setting Aside Final Judgment and Entering Amended Final Judgment In Part

of the Court is attached hereto as Exhibit A. To the extent necessary, Plaintiffs

also appeal any adverse portions of the Final Judgment signed on December 15,

2014 that remain in effect.

Dated: FE-19- c9-o is-- Respectfully submitted,

Joh B. M arland Sta Bar No. 13598 00 jmcfarland@gdhm.com Mary A. Keeney State Bar No. 11170300 miceeney@gdhm.coni GRAVES, DOUGHERTY, HEARON & MOODY, P.C. 401 Congress Avenue, Suite 2200 Austin, Texas 78701-3744 (512) 480-5682 Telephone (512) 480-4882 Telecopier

ATTORNEYS FOR PLAINTIFFS

2 CERTIFICATE OF SERVICE

I hereby certify that on February 24, 2015, a true and correct copy of the foregoing was served on counsel for Defendant via email as shown below:

Bill Kroger Jason A. Newman Benjamin Sweet Baker Botts L.L.P. One Shell Plaza 910 Louisiana Street Houston, Texas 77002-4995 ATTORNEYS FOR DEFENDANT MURPHY EXPLORATION & PRODUCTION COMPANY - USA Jason.newman@bakerbotts.corn

3 CAUSE NO. 13-05-0466-CVA

SHIRLEY ADAMS, CHARLENE BURGESS, IN THE DISTRICT COURT WILLIE MAE HERBST JASIK, FILED 01 Iry O'CLOCK P MARGARET E. LITTLETON, DISTRICT CLERK WILLIAM ALBERT HERBST, HELEN HERBST and R. MAY OIL & GAS COMPANY, LTD., FEB 1 0 2)15 Plaintiffs, CLERK DISa TRICT cjit vs. 218th JUDICIAL )3

MURPHY EXPLORATION & PRODUCTION CO.-USA, A DELAWARE CORPORATION, Defendant. ATASCOSA COUNTY, TEXAS I TN PART' -- ORDER SETTING ASIDE FINAL. JUDGMENT AND ENTERING AMENDED FINAL JUDGMENT

On February 2, 2015, came on to be considered the Motion for New Trial, Motion to

Vacate or Modify the Judgment, and Motion to Reconsider the Court's Decision on Partial

Summgy Judgment Motions, filed by Plaintiffs Shirley Adams, Chatlene Burgess, Willie Mae

Herbst Jasik, William Albert Herbst, Helen Herbst, and R. May Oil & Gas Company, Ltd. The

Court has considered the motions, the response filed by Murphy Exploration & Production Co.-

USA, and the arguments presented by counsel and is of the opinion that Plaintiffs' motions To-via ev‘octitPeot:A should be granted in part encklenied in parlor the following rdsons:

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....piaper....notice-to-P-laintiffsrin-vial-ation-of-Texasitutrofeivii-Freeeelure-a057-

•2. The December 15, 2014 Final Judgment improperly awards appellate attorney's

fees to Murphy. -'11e-G•ikuct-finds-that-these-ftes-axe-net-reso-vezable-tinder-either-C--hapter-3-7-or-

-Chathe-Texas-Givil-Praetiee-&-Renteclies-Goele,The-C-ortherfm:dsthatit-woultl-

-41e-neitherequitable-:norjust-to-aw-artl-these-fees7-The-eu t-further-finds-that-these-fees-are-not-

2250162.1 Rviek 306(56w-v.i" The Court vacates and modifies its 44,41e* in part with regard to the award of appellate fees to

Murphy. The Court modifies paragraph 3 of its December 15, 2014 final judgment in this matter

and finds that should Plaintiffs appeal this Final Judgment, Murphy will expend reasonable and

necessary attorneys' fees in the amount of $25,000 for defending the matter in the Court of

Appeals, $7500 for responding to a petition for review, and $20,000 in the event the Supreme

Court orders briefmg n the meats and grants the petition. Therefore, should Plaintiffs

unsuccessfully appeal thisAtinal Judgment, they are ordered to pay Murphy's reasonable and

necessary attorney's fees on appeal as directed in this judgment.

3, The Court finds that its rulings on Plaintiffs' Motion for Partial Summary

Judgment and Defendant's Motion for Partial Summary Judgment should stand.

IT IS THEREFORE ORDERED THAT Plaintiffs' Motion for New Trial, Motion to ovt- Vacate or Modify the Judgment, and Motion to Reconsider the Court's Decision 40 Partial

Summary Judgment Motions is denied, except that the December 15, 2014 Final Judgment in

this case is vacated and modified solely with regard to paragraph 3 as reflected in this order.

IT IS FURTHER ORDERED THAT Plaintiffs' Motion for Partial Summary Judgment is

DENIED AND Defendant's Motion for Partial Summary Judgment is GRANTED.

Costs are taxed against Plaintiffs.

IT IS FURTHER ORDERED that all other relief requested in this cause is DENIED.

SIGNED this 10th day of February, 2015.

ELLA SAXON, Judge Presiding