in Re: XTO Energy Inc., Timberland Gathering & Processing Company, Inc., and Bank of America, N.A. ( 2015 )

Order entered July 27, 2105 In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01446-CV IN RE XTO ENERGY INC., TIMBERLAND GATHERING & PROCESSING COMPANY, INC., AND BANK OF AMERICA, N.A., Relators Original Proceeding from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-00612 ORDER Before Justices Bridges, Fillmore, and Evans Based on the Court’s opinion of this date, we CONDITIONALLY GRANT IN PART relators’ petition for writ of mandamus. We ORDER the trial judge, the Honorable Phyllis Lister Brown, to vacate her order of May 22, 2014 denying relators’ special exceptions and render an order granting relators’ special exceptions, dismissing Sandra G. Goebel’s claims against XTO Energy Inc. and Timberland Gathering & Processing Company, Inc., and ordering Sandra G. Goebel to replead her claims against Bank of America, N.A. Should the trial judge fail to comply with this order, the writ will issue. We ORDER the trial judge to file with this Court, within thirty (30) days of the date of this order, a certified copy of her order issued in compliance with this order. We DENY relators’ petition for writ of mandamus to the extent it seeks dismissal of Sandra G. Goebel’s claims against Bank of America, N.A. We ORDER relators, XTO Energy Inc., Timberland Gathering & Processing Company, Inc., and Bank of America , N.A. and the real party in interest, Sandra G. Goebel, to bear their own costs of this original proceeding. /s/ DAVID EVANS JUSTICE