Supreme Court of Texas Blog

No. 09-0399
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BP AMERICA PRODUCTION COMPANY, ATLANTIC RICHFIELD COMPANY AND VASTAR RESOURCES, INC. v. STANLEY G. MARSHALL, JR., ROBERT RAY MARSHALL, CATHERINE IRENE MARSHALL F/K/A CATHERINE I.M. HASHMI, AND MARGARET ANN MARSHALL F/K/A MARGARET A.M. JEFFUS, BY AND THROUGH DAVID JEFFUS, AS INDEPENDENT EXECUTOR OF THE ESTATE OF MARGARET MARSHALL

Oral argument was held on December 7, 2010. The Court issued an opinion resolving the case on May 13, 2011. It then denied rehearing on August 19, 2011 File Closed

In the news...

Tracking 3 articles about this case.

May 16, 2011

BP's Fraud Doesn't Save Royalty Owners from Limitations Defense, Texas Supreme Court Rules

Read article

from Blawgletter

The Court has issued opinions:

Lehrmann Jefferson Hecht Wainwright Medina Johnson Willett Guzman

Opinion of the Court

May 13, 2011

Fraudulent concealment in oil and gas cases; tax liens don’t fail on technicalities; grant about gas-utility rates [May 13, 2011]

Read article

from SCOTXblog

This article also mentions 4 other cases.

October 1, 2010

Texas lottery winnings assignable; Tort Claims Act notice doesn’t need to be filed pre-suit [Oct. 1, 2010]

Read article

from SCOTXblog

This article also mentions 7 other cases.

Opinion

May 13, 2011

Lehrmann
Jefferson
Hecht
Wainwright
Medina
Johnson
Willett
Guzman

Justice Lehrmann delivered the opinion of the Court. PDF

 

Court of Appeals

Appellate District:4th Court of Appeals
Outcome Below:Aff.(part)Rev.&Rem(part)
COA Docket No.:04-06-00478-CV
Opinion Author:Honorable Steven C. Hilbig

Trial Court

Trial Court:49th District Court
County:Zapata
Trial Judge:Honorable Manuel R. Flores
Trial Docket:4,091

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2011-11-02 Case Stored  
  This case was waiting for a possible rehearing motion between August 29, 2011 and November 2, 2011.  
2011-08-29 Mandate issued  
2011-08-19 Motion for Rehearing - Disposed Denied with Justice not sitting.
2011-07-18 Case forwarded to Court
2011-07-18 Motion for Rehearing  
2011-07-01 Miscellaneous motion disposed. See Remarks.   Denied
2011-07-01 Motion for Rehearing - Disposed Denied with Justice not sitting.
2011-07-01 Motion for Rehearing - Disposed Denied with Justice not sitting.
2011-07-01 Corrected opinion Issued
2011-07-01 Miscellaneous motion disposed. See Remarks.   Denied
2011-07-01 Miscellaneous motion disposed. See Remarks.   Denied
2011-06-24 Reply to Response (Respondent)  
2011-06-23 Supplement to Motion for Rehearing (Respondent)  
2011-06-23 Response to Brief filed  
2011-06-17 Response to Motion filed  
2011-06-16 Reply to Response to Motion for Rehearing filed (Respondent)  
2011-06-15 Response to Motion filed  
2011-06-13 Response to Motion filed  
2011-06-13 Letter Filed  
2011-06-13 Response to Motion filed  
2011-06-02 Supreme Court of Texas Requested Response  
2011-05-31 Motion for Severance filed  
2011-05-31 Case forwarded to Court
2011-05-31 Motion to Argue filed  
2011-05-31 Motion for Rehearing  
2011-05-27 Supreme Court of Texas Requested Response  
2011-05-26 Miscellaneous Motion  
2011-05-26 Motion for Rehearing  
2011-05-26 Case forwarded to Court
2011-05-13 Opinion issued Court of Appeals' judgment reversed & judgment rendered
2011-05-13 Court approved judgment sent to attorneys of record Issued
2011-05-13 Opinion issued Issued
2011-04-21 Post submission brief filed (Respondent)  
2011-03-04 Post submission brief filed (Respondent)  
2011-02-17 Post submission brief filed  
2011-02-11 Post submission brief filed  
2011-01-19 Post submission brief filed (Respondent)  
2011-01-19 Appendix Filed (Respondent)  
2010-12-10 Letter brief (Respondent)  
2010-12-10 Phone call from Clerk's Office  
2010-12-07 Exhibits in case/cause filed  
2010-12-07 Oral argument  
2010-12-07 Oral argument  
2010-12-07 Exhibits in case/cause filed  
2010-12-03 Motion to Argue disposed   Filing granted
2010-12-01 Supplement to Amicus Curiae  
2010-11-29 Response to Amicus Curiae Brief filed  
2010-11-22 Miscellaneous Motion  
2010-10-12 Oral Argument Submission Form from Attorney received  
2010-10-11 Oral Argument Submission Form from Attorney received  
2010-10-11 Oral Argument Submission Form from Attorney received  
2010-10-08 Oral Argument Submission Form from Attorney received  
2010-10-01 Case set for oral argument   Case set for oral argument
2010-10-01 Petition for Review disposed Filing granted
2010-10-01 Petition for Review disposed Filing granted
2010-10-01 Case set for oral argument   Case set for oral argument
2010-10-01 Petition for Review granted
2010-10-01 Petition for Review granted
  This case was pending on merits briefs between August 11, 2010 and October 1, 2010.  
2010-08-11 Notice from attorney regarding vacation dates  
2010-08-02 Amicus Curiae Brief received  
2010-07-20 Supplemental Brief filed (Amicus Curiae)  
2010-06-16 Reply Brief  
2010-06-15 Reply Brief  
2010-06-03 Amicus Curiae Brief received  
2010-05-26 Motion for Extension of Time disposed.   Filing granted
2010-05-25 Motion for Extension of Time to File Brief filed  
2010-05-21 Motion for Extension of Time disposed.   Filing granted
2010-05-19 Phone call from Clerk's Office  
2010-05-18 Motion for Extension of Time to File Brief filed  
2010-05-17 Phone call from Clerk's Office  
2010-05-12 Brief on the Merits (Respondent)  
2010-05-12 Brief on the Merits (Respondent)  
2010-05-12 Document filed (see remarks)  
2010-04-21 Amicus Curiae Brief received  
2010-04-13 Motion for Extension of Time disposed.   Filing granted
2010-04-12 Motion for Extension of Time to File Brief filed  
2010-04-09 Motion for Extension of Time disposed.   Filing granted
2010-04-08 Motion for Extension of Time to File Brief filed  
2010-03-11 Motion for Extension of Time disposed.   Filing granted
2010-03-10 Motion for Extension of Time to File Brief filed  
2010-03-05 Motion for Extension of Time disposed.   Filing granted
2010-03-04 Motion for Extension of Time to File Brief filed  
2010-02-19 Brief on the Merits  
2010-02-12 Brief on the Merits  
2010-01-12 Motion for Extension of Time disposed.   Filing granted
2010-01-11 Motion for Extension of Time to File Brief filed  
2010-01-06 Motion for Extension of Time disposed.   Filing granted
2010-01-05 Motion for Extension of Time to File Brief filed  
2009-12-15 Case Record Filed  
2009-12-10 Motion for Extension of Time disposed.   Filing granted
2009-12-07 Motion for Extension of Time to File Brief filed  
2009-12-04 Motion for Extension of Time disposed.   Filing granted
2009-12-02 Motion for Extension of Time to File Brief filed  
2009-11-24 Record Requested in Petition for Review
2009-11-20 Brief on the Merits Requested  
2009-11-19 Amicus Curiae Letter Received  
2009-11-12 Reply to Response  
2009-10-12 Reply to Response  
2009-10-08 MET to file reply disposed of   Filing granted
2009-10-05 Motion to Extend Time to File Reply filed  
2009-09-30 Amicus Curiae Brief received  
2009-09-29 Case forwarded to Court
2009-09-29 Case forwarded to Court
2009-09-28 Response to Petition (Respondent)  
2009-09-28 Response to Petition (Respondent)  
2009-09-16 Amicus Curiae Letter Received  
2009-09-15 Motion for Extension of Time disposed.   Filing granted
2009-09-15 Motion for Extension of Time disposed.   Filing granted
2009-09-15 Motion for Extension of Time to File Response  
2009-09-14 Motion for Extension of Time to File Response  
2009-08-13 Motion for Extension of Time disposed.   Filing granted
2009-08-12 Appendix Filed  
2009-08-12 Petition for Review #2 (Petitioner)  
2009-08-11 Motion for Extension of Time to File Response  
2009-07-15 Petition for Review (Petitioner)  
2009-07-15 Appendix Filed  
2009-06-23 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2009-06-22 Second Motion for Extension of Time to File Petition for Review filed  
2009-05-20 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2009-05-19 Motion for Extension of Time to File Petition for Review #2 filed  
2009-05-14 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2009-05-13 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
BP America Production Company
Mr. Evan Andrew Young
Ms. Stacy Rogers Sharp
Mr. Thomas R. Phillips
Ms. Jennifer Hope Naylor Kingaard
Mr. J. Gregory Copeland
Mr. James P. Pennington
Mr. Charles G. King
 Petitioner
Marshall, Jr., Stanley G.
Mr. Timothy Patton
Mr. Edward Frederick Maddox
Mr. James K. Jones Jr.
 Respondent
Wagner Oil Company
Mr. Arnulfo Gonzalez
Mr. John Michael Quinlan
Mr. Michael E. McElroy
Ms. Pamela Stanton Baron
 Petitioner
Vaquillas Ranch Co., Ltd.
Ms. Erin H. Huber
Ms. Marisela Rangel
Mr. Ricardo E. Morales
Mr. Richard G. Morales Jr.
Mr. David M. Gunn
 Respondent

Amici Curiae

Amicus Curiae Counsel
The Texas Oil & Gas Association
Mr. Everard A. Marseglia Jr.
Kelly Hart & Hallman LLP
Mr. Dee J. Kelly
Texas Land and Mineral Owners Assoc'n
Ms. Mary A. Keeney
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