Estate of William Alvin Moncrief, Jr. v. the State of Texas ( 2024 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-23-00058-CV
ESTATE OF WILLIAM ALVIN § On Appeal from Probate Court No. 2
MONCRIEF, JR. DECEASED
§ of Tarrant County (2021-PR004259-2-B)
§ October 10, 2024
§ Opinion by Justice Wallach
§ Dissenting Opinion by Justice Birdwell
JUDGMENT ON REHEARING
After considering the Appellees Gloria Marie Moncrief, Tom Oil Moncrief, and
Gary R. Allen’s motion for rehearing, we deny the motion. We withdraw our August
1, 2024 opinion and judgment and substitute the following.
This court has considered the record on appeal in this case and holds that there
was error in the trial court’s order. We reverse the trial court’s temporary injunction
order and stay order prohibiting Appellants Richard W. Moncrief, individually and as
alleged Co-Trustee of the W.A. Moncrief, Jr. Management Trust (Management Trust)
and Marshall M. Searcy, individually and as alleged Co-Trustee of Management Trust,
from proceeding with the Moncrief Oil & Gas Master LLC and the South Beaver
Ranch LLC arbitrations. We also reverse the trial court’s implicit order denying
Appellants’ motions to abate the trial court’s proceedings regarding William Alvin
Moncrief, Jr.’s capacity issues pending resolution of the arbitrations. The trial court is
instructed to abate its proceedings involving the capacity issues until final resolution
of the arbitration.
It is further ordered that Appellees Gloria Marie Moncrief, Tom Oil Moncrief,
and Gary R. Allen shall jointly and severally pay all of the costs of this appeal, for
which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Mike Wallach___________________
Justice Mike Wallach