Case Information
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CAUSE NO. 13-05-0466-CVA
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
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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: Feb. 24, 2015 Respectfully submitted,
jmcfarland@gdhm.com Mary A. Keeney State Bar No. 11170300 mkeeney@gdhm.com 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
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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.com
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CAUSE NO. 13-05-0466-CVA
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 Summary Judgment Motions, filed by Plaintiffs Shirley Adams, Charlene 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 should be granted in part and denied in part for the following reasons: -1. The December 15, 2014 Final Judgment was presented to the Court without puiper notice to Plaintiffs in violation of Texas Rule of Civil Precedure 3057 2. The December 15, 2014 Final Judgment is properly awards appellate attorney's fees to Murphy. The Court finds that these fees are not recoverable under either Chapter 37 or Chapter 38 of the Texas Civil Practice & Remedies Code. The Court further finds that it would be neither equitable nor just to award these fees. The Court further finds that these fees are not-
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The Court vacates and modifies its order 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 7500 for responding to a petition for review, and $20,000 in the event the Supreme Court orders briefing on the merits and grants the petition. Therefore, should Plaintiffs unsuccessfully appeal this final 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 Vacate or Modify the Judgment, and Motion to Reconsider the Court's Decision of 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 10^{th} day of February, 2015.