UpCurve Energy Partners, LLC v. Kurt W. Muench, Lance A. Muench, Mark A. Muench, Frank W. Fouts, IV, and Sheila D. Stibolt

Court of Appeals of Texas

UpCurve Energy Partners, LLC v. Kurt W. Muench, Lance A. Muench, Mark A. Muench, Frank W. Fouts, IV, and Sheila D. Stibolt

Court of Appeals of Texas·Decided January 18, 2022·No. 08-21-00156-CV·Published

Opinion

L-n ^ Str3 VED ])8-21-00156-CV JAN 1 2022 g.f^iCRHs.clrrk !EIGHTH C0I;RT 0/ t Case Wor08-21-OO156-CV

IN THE COURT OF APPEALS FILEDIN COURT OF APPEALS FOR THE EIGHTH DISTRICT OF TEXAS - EL PASO JAN I 8 2022 ELIZABETH G. FLORES _ CLERK 8th DISTPipt UPCURVE ENERGY PARTNERS, LLC, Appe//o/it

V.

KURT MUENCH, LANCE MUENCH, MARK MUENCH,FRANK W.FOUTS, IV

AND SHEILA D. STIBOLT, Appellees

On Appeal from the

143rd JUDICIAL DISTRICT COURT OF REEVES COUNTY,TEXAS

Trial Court Cause No. 19-09-23159-CVR

BRIEF OF APPELLEES SHEILA D. STIBOLT AND FRANK W.FOUTS, IV

Pro Se Appellees'

Sheila D. Stibolt Frank W. Fouts, IV 5058 Briarwood Circle N. 17519 Sunset Dr.

Klezer, Oregon 97303 Lowell, IN 46356 peba4@yahoo.com 815-600-2902 TABLE OF CONTENTS

Index of Authorities ...page 3

Tex. Prop. Code Chapter 5 page 3

Illinois Statue page 3

United States Constitution page 3

Illinois Attorney Henry Repay page 3

Trial Court's original final Judgment page3/4

Property Interests page 4

The 1981 Deed. page 4

The Nonmaterial Correction Instrument page 4

Definition of "Prima Facie" page 4

Reference Citation Guide page 4

Statement of the Case.. page 5

Issue Presented page 6

Statement of Facts page 6

I. Explanation page 6

M. Trial Courts Ruling page 6

III. A Survivorship Deed page 7

IV. The Problem page 7

V. The Solution page 7

2 VI. The United States Constitution page 8

Argument page 8

Summary of Argument page 9

Conclusion and Prayer page 10

Certificate of Compliance page 12

Certificate of Service page 13

Index of Authorities

Texas Property Code Chapter S

Sec. 5.028. & Sec. 5.030. Correction Instruments: Nonmaterial Corrections.

Sec. 5.028. - (a-1)-(b),(c), "(d) -(1) & (2)."...(Appendix A)

Sec. 5. 030. -(a)-(1),(2),(3),(4) -- (b). ...(Appendix A)

illinois Complied Statues Designation

Property (765 ILCS 1005/1) Joint Tenancy Act...(Appendix B)

United States Constitution

Article 1 Section 10 ...(Appendix C)

Illinois Attorney Henry Repay

Repays explanation of the Illinois Designation ...(Appendix D)

Trial Court's original final Judgment Judge Swanson's final Judgment (Appendix E)

Property Interests

Shows Property interests as 1/5 each for the 5 Grandchildren of Dorothy

M. Werner (Appendix F)

The 1981 Deed

Dorothy M. Werners 1981 deed transferring her property to her children

(Appendix G)

The Nonmaterlal Correction Instrument

Michael Lantry's signed copy of the nonmaterial correction (Appendix H)

Definition of "Prima Facie"

(Appendix I)

Reference Citation Guide

Appellee's Sheila D. Stibolt and Frank W. Fouts, IV ... use these references to the

parties and the subject matter:

"Fouts and Stibolt," "Stibolt and Fouts," "Sheila and I"

UpCurve Energy Partners, LLC:

"UpCurve," UpCurves Counsel," "Appellant" Dorothy M. Werner's Quit Claim Deed dated July 31,1981 acknowledging the

Transfer of the 160 acre parcel of land located with in Reeves County, Texas,

to her three children, recorded in Volume 408, page 81, Reeves County, Texas:

The "1981 Illinois deed," the "1981 deed," the "subject property"

The Southeast 1/4 of section 28, Block C-8, Public School Lands, Reeves County,

Texas containing 160 acres of land;

The "property," The "property in question"

Attorney Michael Lantry who drafted the 1981 Quit Claim Deed for Dorothy M.

Werner and signed the Nonmaterial Correction Deed:

"Lantry"

Shirley Muench, Richard Werner, Geraldine Fox are the Grantees of the 1981 Quit

Claim Deed from Dorothy M. Werner, Their Biological Mother:

"Grantees"

Statement of the Case

The Appellee's Pouts and Stibolt adopt Appellant's Statement of the case. Issue Presented

Everyone has said the 1981 Illinois deed was an unambiguous deed but yet

everyone (except Sheila and I) are debating over the facts of seperate property vs.

community property. This Seems to be an ambiguous situation. The only Issue

that We can see is there is an ambiguous situation in an agreed upon

unambiguous deed. How Is this possible? Would we have this same debate If the

1981 deed was recognized as a Survivorship Deed? All of these debates would

disappear and the 1981 deed would be totally unambiguous. Actually as Dorothy

M. Werner, our Grandmother, intended It to be.

Statement of the Facts

I. Explanation; Sheila and I understand that this case only revolves around the

Separate Property or Community Property issues.

II. Trial Courts Ruling: The Trial Courts Ruling Is very Specific In that the 1981

Illinois quit claim deed did not explicitly include survivorship language, and

accordingly, the subject property was not transferred to the Grantees with rights

of survivorship (This was according to Texas). (Appendix E). The Trial Court never

says the Nonmateria! Correction Deed was not a valid Instrument. That deed was

not a scope of the case that was presented to the Trial Court. lit. A Survivorship Deed: The Facts still remain that the 1981 deed was in fact a

survivorship deed in Illinois. Everyone associated with this case agreed that the

1981 deed was in fact a Survivorship Deed in Illinois where the deed was Created.

The Illinois Attorney followed the rules of Illinois which Required the Designation

that is clearly within the four corners which state ... "Not in Tenancy in Common

but in Joint Tenancy". Now there are very specific rules that must be followed for

a survivorship deed to be valid even in Texas. The Grantees followed these rules

from conception of the deed until there individual deaths. Our mother Geraldine

Fox was the last man standing and held complete ownership. Before her death

she transferred the property to the Grandchildren of Dorothy M. Werner as this

was our Grandparents intent.

IV. The Problem: When UpCurve Energy Partners, LLC said there was a problem

we quickly contacted the original drafter of the 1981 deed. Attorney Michael

Lantry. Even though 40+ years had gone by he could still understand the meaning

of the required Illinois designation that he placed within the four corners which

meant this was a survivorship deed in Illinois. Lantry gladly agreed to sign a

Nonmaterial Correction Instrument to clarify for Texas requirements the fact that

the 1981 deed was in fact a survivorship deed by inserting the words"with rights

of survivorship".

V. The Solution: Two Texas Attorneys Drafted that nonmaterial correction deed according to Texas Property codes 5.028. and 5.030. for nonmaterial corrections.

(Appendix A)(Appendix D) Everything was recorded and followed according to

Texas property codes 5.028. and 5.030. (Appendix A) In the Texas property code

for nonmaterial correction it specifically states "prima Facie"... it must be

considered correct but can be challenged. Under 5.030. Correction instrument:

effect,(a - 2, 3, 4)(Appendix A). As of yet no one has challenged the nonmaterial

correction. Can we just assume that it is not valid because UpCurve says so? The

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