Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 6/8/2015 4:42:18 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00305-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/8/2015 4:42:18 PM CHRISTOPHER PRINE CLERK NO. 01-15-00305-CV IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS BACON-TOMSONS, LTD., BRL OIL AND GAS, L.L.C., AND FERRELL EDWIN MUNSON, Appellants v.

CHRISJO ENERGY, INC. AND JACK M. CLINE, Appellees On Appeal from the 122nd District Court Galveston County, Texas Trial Court Cause No. 12CV0428 APPELLANTS’ RESPONSE TO MOTION TO ABATE TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

COME NOW, Appellants Bacon-Tomsons, Ltd., BRL Oil and Gas, L.L.C.,

and Ferrell Edwin Munson (“Appellants”), and file this their Response to Appellee

Chrisjo Energy, Inc. and Jack M. Cline’s Motion to Abate (“Motion to Abate”),

and would show the Court show as follows:

1. The Court should DENY Appellees’ Motion to Abate. On March 4,

2015, the trial court judge, Honorable John Ellisor, signed an order granting

Appellees’ [Defendants’] Motion for Directed Verdict (“Order”).

2. The Order was docketed by the District Clerk on March 10, 2105, as

“Judgment – Final – Directed Verdict (J.N.O.V.) – OCA.” See Exhibit “A”. When

the Order was signed by the trial court judge, it disposed of all parties and claims.

There is a presumption that a judgment signed following a conventional trial on the

merits disposes of all parties and claims and is final. See Vaughn v Drennon , 324

S.W.3d 560-562-63 (Tex. 2010).

3. On March 18, 2015, Appellees filed a Motion for Entry of An Award

of Attorney’s Fees and For Entry of Final Judgment in Light of Directed Verdict.”

(“Motion for Attorney’s Fees”).

4. As of the date of the filing of this Response, the Court has not ruled

on Appellees’ Motion for Attorney’s Fees.

5. Since the Order was a final order, Appellees’ Motion for Attorney’s

Fees was a motion intended to modify the Order as suggested in Appellees’ Motion

to Abate. See Appellees’ Motion to Abate, pg 2, ¶ 5.

6. Pursuant to T EX . R. C IV . P. 329b(c), Appellees’ Motion for

Attorney’s Fees was overruled as a matter of law on the seventy-sixth (76) day

after March 4, 2015, or May 18, 2015.

7. T EX . R. C IV . P. 329b(c) provides that “[i]n the event an original or

amended motion for new trial or a motion to modify, correct or reform a judgment

is not determined by written order signed within seventy-five days after the

judgment was signed, it shall be considered overruled by operation of law on

expiration of that period.”

PRAYER WHEREFORE, PREMISES CONSIDERED, Appellants Bacon-Tomsons,

Ltd., BRL Oil and Gas, L.L.C., and Ferrell Edwin Munson request this Court to

deny Appellee’s Motion to Abate, and for such other relief to which Appellants

may be entitled.

Respectfully submitted, MURRAY | LOBB, PLLC By: /s/ Kyle L. Dickson Kyle L. Dickson State Bar No. 05841310 700 Gemini, Suite 115 Houston, Texas 77058 Ph: (281) 488-0630 Fax: (281) 488-2039 Email: kdickson@murray-lobb.com ATTORNEYS FOR APPELLANTS BACON-TOMSONS, LTD., BRL OIL AND GAS, L.L.C., AND FERRELL EDWIN MUNSON *4 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document has

been forwarded to all parties and/or counsel of record in accordance with the Texas

Rules of Appellate Procedure on day June 8, 2015.

/s/ Kyle L. Dickson Kyle L. Dickson Robert E. Booth BY FAX TO (409) 877-1635 AND/OR

Mills Shirley L.L.P. BY ELECTRONIC SERVICE

2228 Mechanic Street, Suite 400

Galveston, TX 77550

Attorneys for Appellees

Chrisjo Energy, Inc. and Jack M. Cline