Burlington Resources Oil & Gas Company LP v. Verde Minerals, LLC, Lighthouse Management Group, Inc., and David Weiner, Ancillary Receiver ( 2015 )

VACATE and DISMISS; and Opinion Filed July 29, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00014-CV
BURLINGTON RESOURCES OIL & GAS COMPANY LP, Appellant
V.
VERDE MINERALS, LLC, LIGHTHOUSE MANAGEMENT GROUP, INC.,
AND DAVID WEINER, ANCILLARY RECEIVER, Appellees
On Appeal from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-13916
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Brown and Stoddart
Opinion by Chief Justice Wright
This is an interlocutory appeal from the trial court’s order overruling a motion to vacate
an order appointing a receiver to serve ancillary to a primary receivership in Minnesota. See
TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(2) (West 2015). The order appointing the
primary receiver was appealed in Minnesota. On May 18, 2015, the Minnesota Court of Appeals
issued its opinion holding that the general receivership was void for lack of subject matter
jurisdiction. See In re: Receivership of United States Installment Realty Co., No. 27-CV-13-
4154, 2015 WL 2341539 (Minn. App.—May 18, 2015). The time to appeal that decision has
passed. In its appellate brief filed on June 5, 2015, appellee Verde Minerals, LLC (Verde)
acknowledged that the decision of the Minnesota Court of Appeals means the ancillary
receivership order should be vacated and the case dismissed for lack of jurisdiction.
In light of the ruling by the Minnesota appellate court, Burlington Resources Oil & Gas
Company LP (Burlington) has filed a motion to expedite entry of judgment and mandate in this
appeal. In its motion, Burlington requests that we vacate the Dallas ancillary receivership for
lack of subject matter jurisdiction, vacate all orders entered in the ancillary receivership, void all
deeds and ratifications signed by the ancillary receiver, direct Verde to take action to reverse its
filing of those void deeds and ratifications in the public records, and award it its costs. In its
response, Verde agrees this Court should vacate the order granting the ancillary receivership.
However, Verde contends that this Court cannot direct it to take action to reverse its filing of
those void deeds and ratifications in the public records. We agree with Verde.
Texas Rule of Appellate Procedure 43.2 provides the types of judgments this Court has
authority to enter:
(a) affirm the trial court’s judgment in whole or in part;
(b) modify the trial court’s judgment and affirm it as modified;
(c) reverse the trial court’s judgment in whole or in part and render the judgment that the
trial court should have rendered;
(d) reverse the trial court’s judgment and remand the case for further proceedings;
(e) vacate the trial court’s judgment and dismiss the case; or
(f) dismiss the appeal.
TEX. R. APP. P. 43.2. Although this rule allows us to vacate the trial court’s judgment and
dismiss the case, it does not allow us to direct a party to take actions in accordance with the
vacatur.
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We grant Burlington’s motion to the extent we vacate the trial court’s December 17, 2013
order appointing ancillary receiver and dismiss the case. See TEX. R. APP. P. 43.2(e).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
150014F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BURLINGTON RESOURCES On Appeal from the 101st Judicial District
OIL & GAS COMPANY LP, Appellant Court, Dallas County, Texas.
Trial Court Cause No. DC-13-13916.
No. 05-15-00014-CV V. Opinion delivered by Chief Justice Wright.
Justices Brown and Stoddart, participating.
VERDE MINERALS, LLC, LIGHTHOUSE
MANAGEMENT GROUP, INC.,
AND DAVID WEINER,
ANCILLARY RECEIVER, Appellees
In accordance with this Court’s opinion of this date, the trial court’s December 17, 2013
order appointing ancillary receiver is VACATED and this case is DISMISSED.
It is ORDERED that appellant BURLINGTON RESOURCES OIL & GAS COMPANY,
LP recover its costs of the appeal from appellees VERDE MINERALS, LLC, LIGHTHOUSE
MANAGEMENT GROUP, INC., AND DAVID WEINER, ANCILLARY RECEIVER.
Judgment entered this 29th day of July, 2015.
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