STEPHENS v. THREE FINGER BLACK SHALE

No. 11-16-00177-CV.

580 S.W.3d 687 (2019)

Kerwin STEPHENS; Thunderbird Oil & Gas, LLC; Thunderbird Resources, LLC; Thunderbird Land Services, LLC; Stephens & Myers, LLP; and Chester Carroll, Appellants, v. THREE FINGER BLACK SHALE PARTNERSHIP; Trek Resources, Inc.; Tiburon Land & Cattle, L.P.; L.W. Hunt Resources, LLC; and Richard Raughton, Appellees, and L.W. Hunt Resources, LLC and Richard Raughton, Individually and as Successor in Interest of Arapaho Energy, LLC, Cross-Appellants, v. Kerwin Stephens; Thunderbird Oil & Gas, LLC; Thunderbird Resources, LLC; Thunderbird Land Services, LLC; Stephens & Myers, LLP; and Chester Carroll, Cross-Appellees.

Court of Appeals of Texas, Eastland.

Opinion filed June 28, 2019.


Attorney(s) appearing for the Case

James Holmes , Dallas, Jody S. Sanders , David E. Keltner , Fort Worth, Andrea Seldowitz , Dallas, for Appellants Thunderbird Oil & Gas, LLC, Stephens & Myers. LLP, Thunderbird Resources, LLC, Thunderbird Resources, LLC, Thunderbird Land Services, LLC.

Robert B. Wagstaff , Jessica L. Haile , Abilene, for Appellants.

Frank L. Branson , Eric T. Stahl , Dallas, for Appellees Three Finger Black Shale Partnership, Tiburon Land & Cattle, L.P., Trek Resources, Inc.

John Franklin Guild , Dallas, Scott A. Brister , Austin, Jonathan R. Childers , Dallas, Michael K. Hurst , Christina M. Mullen , Dallas, Jordyn J. Christian-Gingras , David S. Coale , Dallas, for Appellees Raughton, Richard, L.W. Hunt Resources, LLC.

Panel consists of: Bailey, C.J., Willson, J., and Wright, S.C.J.


On December 31, 2018, we issued our original opinion and judgment in this appeal. We now withdraw that opinion and judgment. There are several reasons behind the withdrawal of the opinion and judgment. First, after we had issued our original opinion in this case, and while motions for rehearing were pending, the...

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