Supreme Court

Case: 14-0302    
14-0302
04/21/2014
Petition for Review/Cause under Rule 53.1
CHESAPEAKE EXPLORATION, L.L.C. AND CHESAPEAKE OPERATING, INC. 
MARTHA ROWAN HYDER, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX AND TRUSTEE UNDER THE WILL OF ELTON M. HYDER, JR., DECEASED, AND AS TRUSTEE UNDER THE ELTON M. HYDER JR. RESIDUARY TRUST, AND AS TRUSTEE OF THE ELTON M. HYDER JR. MARITAL TRUST; BRENT ROWAN HY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/24/2015Reply to Response to Motion for Rehearing filedPetitioner Reply in Support of Motion for Rehearing, filed on behalf of Chesapeake Exploration, L.L.C., et al.
11/13/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of the City of Fort Worth, et al.
11/10/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Land and Mineral Owners Association and National Association of Royalty Owners-Texas, Inc.
11/06/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Chesapeake Barnett Shale Royalty Owners.
11/04/2015Response to Motion for RehearingRespondent Response to Motion for Rehearing, filed on behalf of Martha Rowan Hyder, et al.
10/20/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Independent Producers & Royalty Owners.
08/26/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of SandRidge Exploration and Production, LLC.
08/07/2015Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae Texas Oil & Gas Association. Submitted by Attorney Ernest Smith.
08/05/2015Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amici Curiae BP America Production Co., Devon Energy Production Co., L.P., EOG Resources, Inc., EXCO Resources, Inc., Shell Western E&P, Inc., Trinity River Energy, LLC, Unit Corp., and XTO Energy Inc., in support of Motion for Rehearing.
08/05/2015Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Chesapeake Exploration LLC.
06/09/2015Amicus Curiae Brief receivedAmicus Curiae Amicus Curiae Brief filed on behalf of General Land Office of the State of Texas, Longfellow Ranch, LP, and Wesley West Minerals, Ltd; presented by Kevin Slavin of Kempo Smith LLP from El Paso, Texas.
04/20/2015Post submission brief filedRespondent Response to Petitioner's Post Submission Brief filed on behalf of Martha Rowan Hyder, et al.
04/14/2015Post submission brief filedPetitioner Post-Submission Letter filed on behalf of Petitioners Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc.
03/23/2015Exhibits in case/cause filedPetitioner Petitioners' Oral Argument Handout filed on behalf of Chesapeake Exploration LLC, et al.
03/23/2015Exhibits in case/cause filedRespondent Respondents' Oral Argument Exhibits filed on behalf of Martha Rowan Hyder, et al.
12/05/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Land and Mineral Owners Association and The National Association of Royalty Owners-Texas, Inc. Submitted by John B. McFarland of Graves Dougherty Hearon & Moody PC of Austin, Texas.
11/25/2014Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Chesapeake Exploration, L.L.C., et al.
11/11/2014Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Martha Rown Hyder.
10/22/2014Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Chesapeake Exploration, L.L.C., et al.
08/07/2014Letter brief Respondent Letter brief in response to petitions supplemental letter brief filed on behalf of respondent, MARTHA ROWAN HYDER, et al.
08/07/2014Supplemental Letter BriefPetitioner Letter containing recent opinion from the Fifth Circuit Court of Appeals filed on behalf of Chesapeake Exploration, L.L.C., et al.
07/25/2014Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Chesapeake Exploration LLC, et al.
07/14/2014Response to PetitionRespondent Response to Petition for Review filed on behalf of Martha Rowan Hyder.
06/10/2014Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae Texas Oil & Gas Association in support of Petition for Review. Submitted by Michael A. Heidler & Marie R. Yeates of Vinson Elkins LLP of Houston, Texas.
04/21/2014Petition for ReviewPetitioner Petition for Review filed on behalf of Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/05/2014Amicus Curiae Brief received  Amicus Brief of Texas Land and Mineral Owners Association and The National Association of Royalty Owners-Texas, Inc. Submitted by John B. McFarland of Graves Dougherty Hearon & Moody PC of Austin, Texas.
11/25/2014Reply Brief  Reply Brief on the Merits filed on behalf of Chesapeake Exploration, L.L.C., et al.
11/24/2015Reply to Response to Motion for Rehearing filed  Reply in Support of Motion for Rehearing, filed on behalf of Chesapeake Exploration, L.L.C., et al.
11/13/2015Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of the City of Fort Worth, et al.
11/13/2015Call received  Call recieved from Ms. Cavner, counsel for Petitioners, informing the court that she no longer intends to file a letter addressing the issues in the response to the motion.
11/12/2015MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Motion for Rehearing is Granted. Further requests for extensions of time will be disfavored. Reply is due November 25, 2015.
11/12/2015Call received  Call received from Ms. Cavner, counsel for Petitioners, informing the court that she will be filing a letter addressing issues in the response to motion for rehearing.
11/12/2015Response to Motion filed  Response to Motion for Extension of Time to file Reply in Support of Motion for Rehearing, filed on behalf of Martha Rowan Hyder, et al.
11/11/2015Motion to Extend Time to File Reply filed  Opposed Motion for Extension of Time to file Reply in Support of Motion for Rehearing filed on behalf of Chesapeake Exploration, L.L.C., et al.
11/11/2014Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Martha Rown Hyder.
11/10/2015Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Land and Mineral Owners Association and National Association of Royalty Owners-Texas, Inc.
11/06/2015Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Chesapeake Barnett Shale Royalty Owners.
11/04/2015Response to Motion for Rehearing  Response to Motion for Rehearing, filed on behalf of Martha Rowan Hyder, et al.
10/22/2014Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Chesapeake Exploration, L.L.C., et al.
10/20/2015Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Independent Producers & Royalty Owners.
10/01/2015Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Motion for Rehearing, filed on behalf of Martha Rowan Hyder, et al. has been granted. Response to Motion for Rehearing is due November 4, 2015. Further requests for extensions of time for this filing will be disfavored.
10/01/2015Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing, filed on behalf of Martha Rowan Hyder, et al.
09/28/2015Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than October 13, 2015.
09/11/2015Letter Filed  Letter filed on behalf of SandRidge Exploration & Production LLC.
08/29/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to fiel Petitioner's Brief on the Merits filed on behalf of Chesapeake Exploration, L.L.C., et al. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's brief due October 22, 2014; Respondent's brief due November 11, 2014; Reply brief due November 26, 2014.
08/28/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to fiel Petitioner's Brief on the Merits filed on behalf of Chesapeake Exploration, L.L.C., et al.
08/26/2015Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of SandRidge Exploration and Production, LLC.
08/26/2014Case Record Filed   Electronic Appellate Record received.
08/25/2014Record Requested in Case  Record requested from the 4th COA
08/22/2014Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brierf on the merits due no later than 9/22/14; Response brief due 10/13/14; Reply brief due 10/28/14.
08/10/2015Pro hac vice motion disposedFiling granted Marie Yeates' Motion in Support of Motion to Participate Pro Hac Vice is granted.
08/10/2015Pro hac vice motion disposedFiling granted Motion of Non-Resident Attorney Patrick H. Martin for Leave to Participate Pro Hac Vice is granted.
08/07/2015Pro hac vice motion filed  Unopposed Motion in Support of Motion to Participate Pro Hac Vice submitted by Marie Yeates.  Filed on behalf of Amicus Texas Oil & Gas Association.
08/07/2015Pro hac vice motion filed  Unopposed Motion of Non-Resident Attorney Patrick H. Martin for Leave to Participate Pro Hac Vice.  Filed on behalf of Amicus Texas Oil and Gas Association.
08/07/2015Amicus Curiae Brief received  Brief of Amicus Curiae Texas Oil & Gas Association. Submitted by Attorney Ernest Smith.
08/07/2014Letter brief   Letter brief in response to petitions supplemental letter brief filed on behalf of respondent, MARTHA ROWAN HYDER, et al.
08/07/2014Supplemental Letter Brief  Letter containing recent opinion from the Fifth Circuit Court of Appeals filed on behalf of Chesapeake Exploration, L.L.C., et al.
08/05/2015Amicus Curiae Brief received  Brief of Amici Curiae BP America Production Co., Devon Energy Production Co., L.P., EOG Resources, Inc., EXCO Resources, Inc., Shell Western E&P, Inc., Trinity River Energy, LLC, Unit Corp., and XTO Energy Inc., in support of Motion for Rehearing.
08/05/2015Notice of Appearance  Notice of Appearance of additional counsel or record.  Deborah G. Hankinson and Rebecca Adams Cavner have been retained as additional counsel for petitioners Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc.
08/05/2015Motion for Rehearing  Motion for Rehearing filed on behalf of Chesapeake Exploration LLC.
07/25/2014Reply to Response  Reply in support of Petition for Review filed on behalf of Chesapeake Exploration LLC, et al.
07/14/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time is granted.  Motion for Rehearing is due August 5, 2015.  Further requests for extensions of time for this filing will not be considered.
07/14/2015Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Chesapeake Exploration LLC.
07/14/2014Response to Petition  Response to Petition for Review filed on behalf of Martha Rowan Hyder.
06/17/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed First Motion for Extension of Time to file Motion for Rehearing filed on behalf of Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc. is Granted; Motion for Rehearing due July 20, 2015. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/17/2015Motion for Extension of Time to File Motion for Rehearing  Unopposed First Motion for Extension of Time to file Motion for Rehearing filed on behalf of Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc.
06/13/2014Supreme Court of Texas Requested Response  Requested response to petition for review due no later than July 14, 2014.
06/12/2015Court approved judgment sent to attorneys of recordIssued
06/12/2015Dissenting opinion issued.Issued Justice Brown delivered a dissenting opinion, in which Justice Willett, Justice Guzman, and Justice Lehrmann joined.
06/12/2015Opinion issuedCourt of Appeals' judgment affirmed The Court affirms the court of appeals' judgment.  Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Johnson, Justice Boyd, and Justice Devine joined.
(6/12/2015 4:38:08 PM) 140302d.pdf, 140302.pdf
06/10/2014Amicus Curiae Brief received  Brief of Amicus Curiae Texas Oil & Gas Association in support of Petition for Review. Submitted by Michael A. Heidler & Marie R. Yeates of Vinson Elkins LLP of Houston, Texas.
06/09/2015Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of General Land Office of the State of Texas, Longfellow Ranch, LP, and Wesley West Minerals, Ltd; presented by Kevin Slavin of Kempo Smith LLP from El Paso, Texas.
05/13/2014Case forwarded to Court 
05/06/2014Response Waiver filed  Waiver of Response filed on behalf of Martha Rowan Hyder, et al.
04/21/2014Petition for Review  Petition for Review filed on behalf of Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc
04/20/2015Post submission brief filed  Response to Petitioner's Post Submission Brief filed on behalf of Martha Rowan Hyder, et al.
04/14/2015Post submission brief filed  Post-Submission Letter filed on behalf of Petitioners Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc.
03/24/2015Oral argument   Argued on behalf of Petitioners by Matt Stayton; Argued on behalf of Respondent by David J. Drez, III
03/23/2015Exhibits in case/cause filed  Petitioners' Oral Argument Handout filed on behalf of Chesapeake Exploration LLC, et al.
03/23/2015Exhibits in case/cause filed  Respondents' Oral Argument Exhibits filed on behalf of Martha Rowan Hyder, et al.
02/24/2015Oral Argument Submission Form from Attorney received  Oral Argument will be presented by: Matt Stayton, Kelly Hart & Hallman LLP; filed on behalf of Chesapeake Exploration, L.L.C., et al.
02/24/2015Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Respondent Martha Rowan Hyder, et al. Oral Argument will be presented by David J. Drez III of Wick, Phillips, Gould & Martin, LLP.
01/30/2015Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 24, 2015.  Time allotted to argue:  20/20 minutes.
01/30/2015Petition for Review disposedFiling granted
01/30/2015Petition for Review granted 
01/29/2016Mandate issued  Mandate & Cost Bill Issued
01/29/2016Dissenting opinion issued.Issued Justice Brown delivered a dissenting opinion, in which Justice Willett, Justice Guzman, and Justice Lehrmann joined.
01/29/2016Opinion issuedCourt of appeals' judgment affirmed Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Johnson, Justice Boyd, and Justice Devine joined.  The judgment issued June 12, 2015 remains in place.
(1/29/2016 2:35:55 PM) 140302rh.pdf, 140302d_rh.pdf
01/29/2016Previous opinion withdrawn  The dissenting opinion, issued June 12, 2015, delivered by Justice Brown is withdrawn and the opinion issued this date is substituted.
01/29/2016Previous opinion withdrawn  The Court's opinion issued June 12, 2015, delivered by Chief Justice Hecht, is withdrawn and the opinion issued this date is substituted.
01/29/2016Motion for Rehearing - DisposedDenied
01/22/2016Call received  Call received from Hankinson LLP regarding status of motion for rehearing
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/29/2016Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Trinity River Energy, LLCAmicus CuriaeMr. Aaron Starr Thesman
Texas Oil & Gas AssociationAmicus CuriaeMs. Marie R. Yeates
Mr. Ernest E. Smith III
Mr. Michael A. Heidler
Mr. Patrick H. Martin
Wesley West Minerals, LTD.Amicus CuriaeMr. Roger D. Townsend
Chesapeake Operating, Inc.PetitionerMr. Bart A. Rue
Mr. Joseph "Joe" R. Greenhill III
Ms. Deborah G. Hankinson
Mr. Matthew David Stayton
Ms. Rebecca Adams Cavner
City of Fort Worth, et al.Amicus CuriaeMr. Timothy David Howell
SandRidge Exploration and Production, LLCAmicus CuriaeMr. Michael V. Powell
BP America Production CompanyAmicus CuriaeMr. Steven Allbee Smith
Texas Land and Mineral Owners Association (TLMA)Amicus CuriaeMr. John B. McFarland
General Land Office of The State of TexasAmicus CuriaeMr. Ken K. Slavin
Devon Energy Production Company, L.P.Amicus CuriaeMr. Jeremy Ketchum Webb
Texas Independent Producers & Royalty OwnersAmicus CuriaeMs. Jamie Lavergne Bryan
Hyder, Martha RowanRespondentMr. James Wills IV
Mr. Jacob T. Fain
Mr. David Jacob Drez III
Mr. Jeffrey W. Hellberg Jr.
Shell Western E&P, Inc.Amicus CuriaeMr. Timothy E. Gehl
Chesapeake Exploration, L.L.C.PetitionerMr. Matthew David Stayton
Mr. Bart A. Rue
Ms. Deborah G. Hankinson
Ms. Rebecca Adams Cavner
Mr. Joseph "Joe" R. Greenhill III
Longfellow Ranch Partners, LPAmicus CuriaeMr. Roger D. Townsend
Unit CorporationAmicus CuriaeMr. Christopher A. Brown
Texas Land and Mineral Owners AssociationAmicus CuriaeMr. Raul A. Gonzalez
National Association of Royalty Owners-Texas, Inc.Amicus CuriaeMr. Raul A. Gonzalez
EOG Resources, Inc.Amicus CuriaeMr. C. Robert Vote
National Association of Royalty Owners-Texas, Inc. (NARO-Texas)Amicus CuriaeMr. John B. McFarland
Chesapeake Barnett Shale Royalty Owners Amicus CuriaeMr. George Parker Young
EXCO Resources, Inc.Amicus CuriaeMr. William Langdon Boeing
XTO Energy Inc.Amicus CuriaeMr. John William Pollio Jr.
Court of Appeals Information:
Affirmed  
427 SW3d 472, 03-05-14 
4th Court of Appeals 
Honorable Sandee Bryan Marion 
Trial Court Information
17th District Court 
Tarrant 
Honorable Melody M. Wilkinson 
017-244547-10