R & R Resources Corporation v. Echelon Oil and Gas, L.L.C. Tex-El Oil and Gas, Inc. And BairTex Energy, Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN





NO. 03-05-00479-CV





R & R Resources Corporation, Appellant


v.


Echelon Oil and Gas, L.L.C.; Tex-El Oil and Gas, Inc.;

and BairTex Energy, Inc., Appellees





FROM THE DISTRICT COURT OF FAYETTE COUNTY, 155TH JUDICIAL DISTRICT

NO. 2005V-107, HONORABLE DAN R. BECK, JUDGE PRESIDING





O R D E R



                        Appellees Echelon Oil and Gas, L.L.C.; Tex-El Oil and Gas, Inc.; and BairTex Energy, Inc. have filed a motion for contempt based on appellant R & R Resources Corporation’s noncompliance with this Court’s October 7, 2005 order that enforced the district court’s temporary injunction order, which prevented R & R Resources from opposing the designation of Leexus Oil & Gas, L.L.P. as the new operator of the Ullrich and Goebel Brothers leases, pending resolution of R & R Resources’s interlocutory appeal. See Tex. R. App. P. 29.4. R & R Resources filed a motion seeking reconsideration of our order.

                        R & R Resources believes that its compliance with our order is “stayed” until the district court completes an in camera inspection of documents that might convince it to dissolve its temporary injunction order. See Tex. R. App. P. 29.5. R & R Resources states that at an October 12 pretrial hearing, the district court “agreed to refrain from ordering Appellant’s compliance [with our order] until the in camera inspection was made.” The court’s in camera inspection was to begin on or about November 4, 2005, but we have not received any order that the district court may have entered during or subsequent to the pretrial hearing.

                        Accordingly, we deny R & R Resources’s motion for reconsideration of our order and we refer enforcement of this Court’s October 7 order to the district court for findings and recommendations concerning R & R Resources’s compliance with our order enforcing the district court’s temporary injunction order. See Tex. R. App. P. 29.4(b); In re Sheshtawy, 154 S.W.3d 114, 124-125 (Tex. 2004). The district court shall report its findings and recommendations to this Court for further proceedings.

 

 

                                                                        __________________________________________

                                                                        Jan P. Patterson, Justice

Before Justices B. A. Smith, Patterson and Puryear

Filed: November 16, 2005