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No. 03-1066
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ARKOMA BASIN EXPLORATION COMPANY, INC., ET AL. v. FMF ASSOCIATES 1990-A, LTD., ET AL.

Oral argument was held on December 1, 2005. The Court issued an opinion resolving the case on January 25, 2008. It then denied rehearing on May 2, 2008 File Closed

In the news...

Tracking 1 article about this case.

Opinions

January 25, 2008

Brister
Jefferson
Hecht
Wainwright
Medina
Green
Johnson
Willett

Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Green, Justice Medina, Justice Johnson, and Justice Willett joined. PDF

Oneill

Justice O'Neill filed a concurring and dissenting opinion. PDF

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:05-02-00669-CV
Opinion Author:Honorable Kerry P. FitzGerald

Trial Court

Trial Court:382nd District Court
County:Rockwall
Trial Judge:Honorable Brett A. Hall
Trial Docket:1-95-470

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2008-06-12 Case Stored  
2008-06-11 Mandate issued  
2008-05-02 Motion for Rehearing - Disposed Denied
2008-05-02 Motion for Rehearing - Disposed Denied
2008-03-31 Electronic copies of brief posted to website  
2008-03-24 Reply to Response to Motion for Rehearing filed (Petitioner)  
2008-03-21 Electronic copies of brief posted to website  
2008-03-21 Electronic copies of brief posted to website  
2008-03-12 Response to Motion for Rehearing (Petitioner)  
2008-03-12 Response to Motion for Rehearing (Petitioner)  
2008-02-26 Supreme Court of Texas Requested Response  
2008-02-19 Electronic copies of brief posted to website  
2008-02-19 Electronic copies of brief posted to website  
2008-02-14 Case forwarded to Court
2008-02-14 Motion for Rehearing  
2008-02-14 Letter Filed  
2008-02-13 Motion for Rehearing  
2008-02-13 Case forwarded to Court
2008-01-25 Opinion issued Court of Appeals' judgment affirmed/reversed in part/rendered
2008-01-25 Court approved judgment sent to attorneys of record Issued
2008-01-25 Concurring and Dissenting Opinion delivered Issued
2008-01-25 Miscellaneous motion disposed. See Remarks.   Filing dismissed as moot
  This case was awaiting the Court's decision after oral argument between December 1, 2005 and January 25, 2008.  
2005-12-01 Exhibits in case/cause filed (Respondent)  
2005-12-01 Oral argument  
2005-11-15 Electronic copies of brief posted to website  
2005-11-15 Phone call from Clerk's Office  
2005-11-15 Electronic copies of brief posted to website  
2005-11-15 Electronic copies of brief posted to website  
2005-11-15 Electronic copies of brief posted to website  
2005-11-04 Petition for Review granted
2005-11-04 Case set for oral argument   Case set for oral argument
2005-11-04 Petition for Review disposed Filing granted
  This case was pending on merits briefs between June 3, 2005 and November 4, 2005.  
2005-06-03 Additional citations received. (Petitioner)  
  This case was pending on merits briefs between November 15, 2004 and June 3, 2005.  
2004-11-15 Reply Brief (Petitioner)  
2004-10-29 Brief on the Merits (Respondent)  
2004-09-29 Motion for Extension of Time disposed.   Filing granted
2004-09-29 Motion for Extension of Time to File Brief filed  
2004-09-09 Brief on the Merits (Petitioner)  
2004-08-23 Motion for Extension of Time disposed.   Filing granted
2004-08-23 Motion for Extension of Time to File Brief filed  
2004-07-28 Motion for Extension of Time disposed.   Filing granted
2004-07-28 Motion for Extension of Time to File Brief filed  
2004-07-14 Record Received (See Remarks)  
2004-06-30 Record Requested in Petition for Review  
2004-06-29 Brief on the Merits Requested  
2004-06-09 Reply to Response (Petitioner)  
2004-05-26 Amicus Curiae Letter Received  
2004-05-21 Response to Petition (Respondent)  
2004-05-20 Amicus Curiae Brief received  
2004-05-12 Amicus Curiae Letter Received  
2004-04-29 Amicus Curiae Letter Received  
2004-04-28 Amicus Curiae Letter Received  
2004-04-26 Amicus Curiae Letter Received  
2004-04-23 Motion for Extension of Time disposed.   Filing granted
2004-04-19 Notice requesting filing fee  
2004-04-19 Motion for Extension of Time to File Response  
2004-04-08 Reply to Response (Petitioner)  
2004-04-07 Response to Motion filed  
2004-04-02 Amicus Curiae Letter Received  
2004-04-02 Letter Received  
2004-03-31 Miscellaneous Motion  
2004-03-31 Supreme Court of Texas Requested Response
2004-03-30 Amicus Curiae Letter Received (Amicus Curiae)   Filed document is struck by the Court
2004-03-26 Amicus Curiae Letter Received (Amicus Curiae)  
2004-03-22 Supreme Court of Texas Requested Response  
2004-03-16 Case forwarded to Court
2004-03-10 Response Waiver filed  
2004-03-03 Letter sent to parties from Supreme Court - See Remarks   Filed document is struck by the Court
2004-03-02 Letter sent to parties from Supreme Court - See Remarks   Filed document is struck by the Court
2004-03-02 Returned document/s to attorney. See Remarks.  
2004-03-01 Amicus Curiae Letter Received
2004-03-01 Amicus Curiae Letter Received  
2004-03-01 Amicus Curiae Letter Received
2004-03-01 Amicus Curiae Letter Received
2004-03-01 Amicus Curiae Letter Received  
2004-02-26 Letter Received  
2004-02-20 Petition for Review (Petitioner)  
2004-02-20 Appendix Filed (Petitioner)  
2004-01-15 Second Motion for Extension of Time to File Petition for Review filed  
2004-01-15 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
  This case was waiting for the parties to file a formal petition between November 20, 2003 and January 15, 2004.  
2003-11-20 Motion for Extension of Time to File Petition for Review filed  
2003-11-20 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
FMF Associates 1990-A, LTD.
Ms. Cynthia C. Hollingsworth
Mr. Brian Paul Sanford
Mr. Jeremy C. Martin
Ms. Shelby Danielle Angel
Respondent
FMF Kahn, Ltd.
Ms. Cynthia C. Hollingsworth
Respondent
FMF Friedman, Ltd.
Ms. Cynthia C. Hollingsworth
Respondent
FMF HMY, Ltd.
Ms. Cynthia C. Hollingsworth
Respondent
FMF Greenwald, Ltd.
Ms. Cynthia C. Hollingsworth
Respondent
FMF Associates 1988-B, Ltd.
Ms. Cynthia C. Hollingsworth
Respondent
Arkoma Basin Exploration Company, Inc.
Mr. Kenneth S. Beat
Mr. C. Gregory Shamoun
Mr. P. Michael Jung
Mr. Howard Jay Klatsky
Mr. David M. Gunn
Petitioner
Arkoma Basin Exploration Company, Inc.
Mr. David M. Gunn
Petitioner
FMF Lazare, Ltd.
Ms. Cynthia C. Hollingsworth
Respondent
FMF Smallwood, Ltd.
Ms. Cynthia C. Hollingsworth
Respondent
Arkoma Basin Minerals, Inc.
Mr. David M. Gunn
Petitioner
Kelldorf, Mark S.
Mr. David M. Gunn
Petitioner

Amici Curiae

Amicus Curiae Counsel
Texas Alliance of Energy Producers
Mr. Alex Mills
Gruy, H. J.
H. J. Gruy
Long, Larry T.
Mr. Larry T. Long
Crichton, Jack
Mr. Jack Crichton
Spradlin, B. Charles
Mr. B. Charles Spradlin
Cawley, Aaron
Aaron Cawley
Gruy, H. J.
Mr. H. J. Gruy
Holland, Lance
Mr. Lance Holland
...
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