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Abtt, L.P. v. Blackbeard Operating, LLC

Court of Appeals of Texas, Eighth District, El Paso
Jul 24, 2024
No. 08-24-00138-CV (Tex. App. Jul. 24, 2024)

Opinion

08-24-00138-CV

07-24-2024

ABTT, LP, BETH W. MEADOWS FAMILY PARTNERSHIP, LTD., BETH MEADOWS FAMILY, LLC, KAY DAVIS DUNCUM, TRUSTEE OF THE JAMES M. DAVIS FAMILY TRUST U/W/O JAMES M. DAVIS, IT'S ALL GRACE MINERALS, LLC, JOHN BARTON DAVIS, THOMAS JEFFERY DAVIS, BARBARA DIANE DAVIS TINDELL, INDIVIDUALLY AND AS CO-TRUSTEE OF THE BUTCH AND DIANE TINDELL FAMILY TRUST, CHARLES M. TINDEL, JR., CO-TRUSTEE OF THE BUTCH AND DIANE TINDELL FAMILY TRUST, MADELINE ROSE DAVIS FETTERLY, ELIZABETH MCKNIGHT DAVIS, SHERRY SAATHOFF DAVIS, ET AL., Appellants, v. BLACKBEARD OPERATING, LLC, MARY EDYTHE BASS LANGDON; MARTHA ELIZABETH BASS BAUMAN; EL CAMPO ENERGY PARTNERS, LLC; BARBARA BASS BOTTS; KIMBERLY B. ANDERSON, GALAND, LLC AND CAROLAM, LLC, AND LAURIE FOSTER, MARK FOSTER, BRAD HALL, WESTON FOSTER HALL, ERIN HALL COOPER, B. PAUL HATCHER, JACK HATCHER, ANGIE SLEDGE, CLAIRE BEASON, AND BEVERLY JOHNSON, Appellees.


Appeal from the 109th District Court of Crane County, Texas (TC# 7059)

Before Alley, C.J., Palafox and Soto, JJ.

ORDER

PER CURIAM.

Pursuant to Texas Rule of Appellate Procedure 10.4 (a) the motion ruled on through this Order may have been decided by a single Justice sitting on the panel.

The Court grants Appellants McKnight Natural Resources, Ltd., McGregor-Hurt, LP, Terrie Lynn Hurt, Mary Elizabeth Dorsey, Trustee of the Mary Elizabeth Dorsey 2013 Trust, Jenny Dorsey Johnson, Trustee of the Jenny Dorsey Johnson 2013 Trust, Peggy Sue Dorsey, Trustee of the Peggy Sue Dorsey 2013 Trust, Lakeview Christian Home of the Southwest, Inc., Deborah Ann Milburn, Trustee of the Deborah Ann Milburn Exempt GS-Trust, Rebecca Lucille Stupfel, Trustee of the Rebecca Lucille Stupfel Exempt GS-Trust, Catherine Marie McKnight, Trustee of the Catherine Marie McKnight Exempt GS-Trust, Le-land E. A. Chase-Meadows, Co-Trustee of the Chase-Meadows Family Revocable Trust, Sylvia M. Chase-Meadows, Co- Trustee of the Chase-Meadows Family Revocable Trust, Gary Davis Campbell, Karen Ann Elkins, Jennie Ann Putrino, and SMLMC, LLC's first motion for extension of time within which to file Appellants' brief. The brief is now due September 22, 2024. Counsel is advised to review this Court's policy of extensions which is attached to this order.

IT IS SO ORDERED.

Eighth Court of Appeals Policy on Extensions for Briefs

The Court urges counsel and parties to carefully review this policy on extensions of time for briefs, as it departs from what the Court has done in the past.

One of the Court's overriding goals is to see that cases are fully briefed and ready for decision on a timely basis. When parties seek excessive extensions of time to file briefs, the Court's orderly system of considering cases is disrupted, and the parties themselves are denied an efficient disposition of their case. The Court understands that practitioners are under pressure from other court settings and professional obligations, but this Court's work should be a priority.

For most appeals (those that are not accelerated or under mandatory statutory deadlines), the Clerk's Office will administer agreed first motions to extend the time to file a brief. If the motion complies with the TRAPS and the motion's fee is paid, the Clerk's Office is authorized to grant a reasonable extension (not to exceed 45 days for opening briefs). A second agreed motion to extend will be elevated to a single Justice who may or may not grant the request, depending on the amount of time requested, and the reasons advanced. Even if the motion is granted, the Court may shorten the time proposed for the extension. A second extension will almost always contain the warning that "Absent extraordinary circumstances, additional extensions will be disfavored." Extraordinary circumstances do not include recital of the same reasons advanced for the first extension.

Any further extensions will be decided by the Court and if granted, will almost always contain the warning that FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Attorneys who ignore this warning do so at their client's peril. In civil cases, the Court may dismiss an appeal for failure to prosecute when an Appellant's brief is not timely filed. The Court may consider an appeal only on the Appellant's brief when an Appellee fails to file a brief. The Court never has to wait until a tardy Reply brief is filed to decide the issues. The same holds true for the State's brief in criminal cases and for criminal defendants with retained counsel. When appointed counsel in criminal cases fails to timely file a brief, this Court will remand the case for a hearing before the trial court to make specific findings on whether appointed counsel is properly representing the accused, and whether new counsel should be appointed.

Accelerated appeals and contested extension motions will be dealt with on a case-by-case basis.


Summaries of

Abtt, L.P. v. Blackbeard Operating, LLC

Court of Appeals of Texas, Eighth District, El Paso
Jul 24, 2024
No. 08-24-00138-CV (Tex. App. Jul. 24, 2024)
Case details for

Abtt, L.P. v. Blackbeard Operating, LLC

Case Details

Full title:ABTT, LP, BETH W. MEADOWS FAMILY PARTNERSHIP, LTD., BETH MEADOWS FAMILY…

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Jul 24, 2024

Citations

No. 08-24-00138-CV (Tex. App. Jul. 24, 2024)