ACCEPTED
06-15-00004-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
L AW O F F I C E S O F 6/26/2015 1:25:09 PM
DEBBIE AUTREY
CLERK
J ACKSON , S JOBERG , McC ARTHY & T OWNSEND , L.L.P.
711 WEST 7TH STREET
DAVID E. JACKSON* AUSTIN, TEXAS 78701-2785 OF COUNSEL
JOHN MATTHEW SJOBERG* ROBERT C. W ILSON
EDMOND R. MCCARTHY, JR. (512) 472-7600 RECEIVED INKNISELY**
MARC O.
ELIZABETH A. TOWNSEND† FAX (512) 225-5565 6th COURT OF APPEALS
MARK DOMEL
_______ TEXARKANA,_______TEXAS
www.jacksonsjoberg.com 6/26/2015 1:25:09 PM
*BOARD CERTIFIED IN OIL, GAS AND MINERAL LAW EDMOND R. MCCARTHY, III
**BOARD CERTIFIED IN CIVIL APPELLATE LAW DEBBIE AUTREY
TEXAS BOARD OF LEGAL SPECIALIZATION †
Clerkin Texas and Tennessee
Licensed
June 26, 2015
Ms. Debra K. Autrey
Clerk, Sixth Court of Appeals
100 North State Line Avenue, Suite 20
Texarkana, Texas 75501
Re: Billie Murphy Tremble, Sharon Tremble Donaldson, Selia Tremble Shawkey,
Wilmer Forrest Tremble, Jr., and The Estate of Wilmer Forrest Tremble, Sr.,
Appellants v. Luminant Mining Company LLC, Energy Future Holdings
Corporation, and Subsidiaries, Appellees, No. 06-15-0004-CV
Dear Ms. Autrey:
I am one of the attorneys for the Appellees in the above-referenced appeal. The Court
abated this appeal by order dated May 28, 2015, due to the Bankruptcy Code’s automatic stay,
and Appellee Luminant Mining Company LLC moved to reinstate the appeal on June 18, 2015.
On June 23, 2015, I received the Court’s order of that date, which overruled Luminant's motion
to reinstate the appeal because the motion did not include (1) a certified copy of an order
showing that the automatic bankruptcy stay has been lifted or (2) an authenticated document
demonstrating that reinstatement is permitted by federal law and/or the relevant bankruptcy
court.
The purpose of this letter is to inform the Court that Luminant intends to obtain an order
from the bankruptcy court lifting the stay and will provide a certified copy of that order to this
Court, but that doing so will take approximately two months. Luminant has been informed by its
bankruptcy counsel that, due to other matters already pending in the Luminant bankruptcy, the
first available date for a hearing before the bankruptcy court on a motion to lift the stay of this
appeal will be August 11, 2015. As promptly as is possible after that hearing, Luminant will
submit a second motion to reinstate this appeal, along with a certified copy of the bankruptcy
court's lift stay order.
Please contact me if you have any questions about this matter. Thank you for your
assistance. Best wishes.
Sincerely,
/s/ Marc O. Knisely
Marc O. Knisely
MOK/tn
Ms. Debra K. Autrey
Clerk, Sixth Court of Appeals
June 26, 2015
Page 2
cc: Billie J. Murphy Tremble
2806 Evans Street
Marshall, TX 75670
Via Regular U.S. Mail and
Certified Mail, RRR
70150640000696328092
Sharon Tremble Donaldson
2010 Wineberry Dr .
Katy, TX 77450
Via Regular U.S. Mail and
Certified Mail, RRR
70150640000696328108
Selia Tremble Shawkey
712 South 37th Street
San Diego, CA 92113
Via Regular U.S. Mail and
Certified Mail, RRR
70150640000696328122
Wilmer Forrest Tremble, Jr.
3614 Sheldon
Pearland, TX 77584
Via Regular U.S. Mail and
Certified Mail, RRR
70150640000696328115
Wilmer Forrest Trimble, Jr., A/K/A Wilmer Forrest Tremble, Jr., Sharon Trimble Donaldson, Selia Trimble Shawkey, and Billie J. Murphy Tremble v. Luminant Mining Company LLC
Combined Opinion