Eagle Oil & Gas CO. and Eagle Wes-Tex, L.P. v. Shale Exploration, LLC ( 2015 )

DATE 11/6//2015
FILED IN
R
AMENDED NOTICE OF APPEALS 1st COURT OF APPEALS
ASSIGNMENT OF COURT OF APPEALS HOUSTON, TEXAS
11/6/2015 11:00:49 AM
TO: 1ST COURT OF APPEALS
CHRISTOPHER A. PRINE
Clerk
From: Deputy Clerk: IRMA MEDINA
Chris Daniel, District Clerk
Harris County, T E X A S
CAUSE: 2012-25694
VOLUME PAGE OR IMAGE # 67496086
DUE 2/15/2016 ATTORNEY 2752000
NOTICE OF APPEAL HAS BEEN ASSIGNED TO THE 1ST
DATE ORDER SIGNED: 9/29/2015
MOTION FOR NEW TRIAL FILED: 10/16/2015
REQUEST TRANSCRIPT DATE FILED 10/16/2015
NOTICE OF APPEAL DATE FILED 10/16/2015
NUMBER OF DAYS: ( CLERKS RECORD ) 120
FILE ORDERED: YES NO IMAGED FILED: YES NO
CODES FOR NOTICE OF APPEAL: BC, C, O
CHRIS DANIEL
Harris County, District Clerk
By: /s/IRMA MEDINA
IRMA MEDINA, Deputy
BC NOTICE OF APPEAL FILED
BG NOTICE OF APPEAL FILED – GOVERNMENT
C JUDGMENT BEING APPEALED
D- ACCELERATED APPEAL
OA NO CLERK’S RECORD REQUEST FILED
O CLERK’S RECORD REQUEST FILED (W/NOTICE OF APPEAL)
NA AMENDED NOTICE OF APPEAL
AP9 R04-30-92 S:\FormsLib\Civil Bureau\Civil Courts & Post Judgment\Post Trial\Appeal Status Card Revised 01-18-2013
10/16/2015 4:08:15 PM
Chris Daniel - District Clerk Harris County
Envelope No. 7418579
By: Irma Medina
Filed: 10/16/2015 4:08:15 PM
CAUSE NO. 2012-25694
SHALE EXPLORATION, LLC § IN THE DISTRICT COURT
§
Intervenor-Plaintiff §
§
v. § 152ND JUDICIAL DISTRICT
§
EAGLE OIL & GAS CO. AND §
EAGLE WES-TEX, L.P. §
§
Intervenor-Defendants § HARRIS COUNTY, TEXAS
INTERVENOR-DEFENDANTS
EAGLE OIL & GAS CO. AND EAGLE WES-TEX, L.P.'S
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
Pursuant to Rule 320 et seq. of the Texas Rules of Civil Prcoedure and Rules 25 and 26
of the Texas Rules of Appellate Procedure, Intervenor-Defendants Eagle Oil & Gas Co. and
Eagle Wes-Tex, L.P. hereby file their Notice of Appeal from the following judgment signed by
the Honorable Judge Robert Schaffer, Presiding Judge of the 152nd Judicial District Court,
Harris County, in the above-numbered and styled cause, Cause No. 2012-25694, Shale
Exploration. LLC v. Eagle Oil & Gas Co. and Eagle Wes-Tex, L.P.: (1) Judgment signed on July
21, 2015 (attached as Exhibit A), and (2) Amended Judgment signed on September 29, 2015
(attached as Exhibit B).
Intervenor-Defendants Eagle Oil & Gas Co. and Eagle Wes-Tex, L.P. desire to appeal the
(1) Judgment signed on July 21, 2015 (attached as Exhibit A), and (2) Amended Judgment
signed on September 29, 2015 (attached as Exhibit B), to the First or Fourteenth District Courts
of Appeals in Houston, Texas.
2686493 vl-23871/0008 PLEADINGS
Although Intervenor-Defendants Eagle Oil & Gas Co. and Eagle Wes-Tex, L.P. assert
that the Amended Judgment signed on September 29, 2015 vacated and/or replaced the Judgment
signed on July 21, 2015, and thus restmied the post-judgment motion deadlines and the appellate
timetable, Intervenor-Defendants Eagle Oil & Gas Co. and Eagle Wes-Tex, L.P. hereby file this
Notice of Appeal in an abundance of caution.
Note that Intervenor-Defendants Eagle Oil & Gas Co. and Eagle Wes-Tex, L.P. filed (1)
a Motion for New Trial and Motion to Modify, Correct, or Reform the Judgment on August 19,
2015, and (2) a Motion for New Trial and Motion to Modify, Correct, or Reform the Judgment as
to the Amended Judgment Signed on September 29,2015 on October 16,2015.
2
2686493 vl-23871/0008 PLEADJNGS
Respectfully submitted,
GODWIN LEWIS PC
By: Is/Bruce W. Bowman, Jr.
Bruce W. Bowman, Jr.
Texas Bar No. 02752000
W.lra Bowman
Texas BarNo. 24050316
Elisaveta Dolghih
Texas Bar No. 24043355
Shawn M. McCaskill
Texas Bar No. 24007633
Renaissance Tower
1201 Elm Street, Suite 1700
Dallas, Texas 75270-2041
Ph: (214) 939-4485
Fx: (214) 527-3239
Email: Bruce. Bowman(li~Godwi nLcwis.com
Ira.Bowman(d!GodwinLewis.com
l_,ciz,<.!.,_Po l_ghib@God\vi n Lewis"_g_gm
Shawn.McCaskillra)GodwinLcwis.com
Elaine A. Carlson
Texas Bar No. 03813575
15 Chestnut Hill Court
The Woodlands, TX 773 80
Ph: (713) 646-1870
Email: ·········-··--···-·-·-·-·-····-··------...,...L---··-·-····-··--···-·-··-··--·
clainecarlson(a)comcast.nct
ATTORNEYS FOR EAGLE OIL & GAS CO.
AND EAGLE WES-TEX, LP
3
2686493 vl-23871/0008 PLEADINGS
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 16th day of October, 2015, a true and correct
copy of the foregoing document has been forwarded to the following via certified mail/return
receipt and e-service:
Matthew R. Pearson
Gravely & Pearson, LLP
425 Soledad, Suite 600
San Antonio, Texas 78205
IYH~t;_qr~qn@;_gnlm:Y!lrm.,. ~_m:n.
/s/ Bruce W. Bowman Jr.
Bruce W. Bowman, Jr.
4
2686493 vl-23871/0008 PLEADINGS
Pgs-3
EJUDX