MURPHY EXPLORATION & 

PRODUCTION CO.-USA, 

A DELAWARE CORPORATION, 

efendant. 

IVIi\i',(3A1)1:1. L. lirk.LiON, 

PLAINTIFFS' NOTICE OF APPEAL 

CO TX 

-Nita Texas Rule of Appellate Procedure 25.1, PLAINTIFFS 

FEB 2 5 2015 

CAUSE NO. 13-05-0466-CVA 

SHIRLEY ADAMS, CHARLENE 

BURGESS, WILLIE MAE HERBST 

JASIK, WILLIAM ALBERT HERBST, 

HELEN HERBST and R. MAY OIL & 

GAS COMPANY, LTD., 

Plaintiffs, 

vs. 

IN THE DISTRICT COURT 

218th JUDICIAL DISTRICT 

ATASCOSA COUNTY, TEXAS 

SHIRLEY ADAMS, CHARLENE BURGESS, WILLIE MAE HERBST JASIK, 

WILLIAM ALBERT HERBST, HELEN HERBST, AND R. MAY OIL & GAS 

COMPANY, LTD hereby give notice of their desire to appeal from the Order 

Setting Aside Final Judgment In Part and Entering Amended Final Judgment, 

which was signed and entered on February 10, 2015, in Civil Cause Number 13-

05-0466-CVA, Shirley Adams, Charlene Burgess, Willie Mae Herbst Jasik, 

William Albert Herbst, Helen Herbst and R. May Oil & Gas Company, Ltd. vs. 

Murphy Exploration & Production Co. USA, a Delaware Corporation, in the 

218th Judicial District Court of Atascosa County, Texas. The appeal is to the 

1 

ACCEPTED

04-15-00118-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

3/3/2015 12:05:21 PM

KEITH HOTTLE

CLERK

04-15-00118-CV 

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 03/3/2015 12:05:21 PM KEITH E. HOTTLE Clerk
Fourth Court of Appeals in San Antonio, Texas. A copy of the February 10, 2015 

Order Setting Aside Final Judgment and Entering Amended Final Judgment In Part 

of the Court is attached hereto as Exhibit A. To the extent necessary, Plaintiffs 

also appeal any adverse portions of the Final Judgment signed on December 15, 

2014 that remain in effect. 

Dated: FE-19- c9-ois-- Respectfully submitted, 

Joh B. M arland 

Sta Bar No. 13598 00 

jmcfarland@gdhm.com Mary A. Keeney 

State Bar No. 11170300 

miceeney@gdhm.coni 

GRAVES, DOUGHERTY, HEARON & 

MOODY, P.C. 

401 Congress Avenue, Suite 2200 

Austin, Texas 78701-3744 

(512) 480-5682 Telephone 

(512) 480-4882 Telecopier 

ATTORNEYS FOR PLAINTIFFS 

2 
CERTIFICATE OF SERVICE 

I hereby certify that on February 24, 2015, a true and correct copy of the 

foregoing was served on counsel for Defendant via email as shown below: 

Bill Kroger 

Jason A. Newman 

Benjamin Sweet 

Baker Botts L.L.P. 

One Shell Plaza 

910 Louisiana Street 

Houston, Texas 77002-4995 

ATTORNEYS FOR DEFENDANT MURPHY EXPLORATION & 

PRODUCTION COMPANY - USA 

Jason.newman@bakerbotts.corn 

3 
CAUSE NO. 13-05-0466-CVA 

SHIRLEY ADAMS, CHARLENE BURGESS, 

WILLIE MAE HERBST JASIK, 

WILLIAM ALBERT HERBST, 

HELEN HERBST and 

R. MAY OIL & GAS COMPANY, LTD., 

Plaintiffs, 

vs. 

MURPHY EXPLORATION & 

PRODUCTION CO.-USA, 

A DELAWARE CORPORATION, 

Defendant. 

IN THE DISTRICT COURT 

FILED01 Iry O'CLOCK P 

MARGARET E. LITTLETON, DISTRICT CLERK 

FEB 1 0 2)15 

218th JUDICIAL )3 

CLERK DISa TRICT cjit 

ATASCOSA COUNTY, TEXAS 

I-- TN PART' 

ORDER SETTING ASIDE FINAL.JUDGMENT AND ENTERING 

AMENDED FINAL JUDGMENT 

On February 2, 2015, came on to be considered the Motion for New Trial, Motion to 

Vacate or Modify the Judgment, and Motion to Reconsider the Court's Decision on Partial 

Summgy Judgment Motions, filed by Plaintiffs Shirley Adams, Chatlene Burgess, Willie Mae 

Herbst Jasik, William Albert Herbst, Helen Herbst, and R. May Oil & Gas Company, Ltd. The 

Court has considered the motions, the response filed by Murphy Exploration & Production Co.-

USA, and the arguments presented by counsel and is of the opinion that Plaintiffs' motions 

To-via ev‘octitPeot:A 

should be granted in part encklenied in parlor the following rdsons: 

--1-:-----The-Bek,umber-r57201-4-Ftrrai-.1adgrnent-was-presented-te4he-Goout 

....piaper....notice-to-P-laintiffsrin-vial-ation-of-Texasitutrofeivii-Freeeelure-a057- 

• 2. The December 15, 2014 Final Judgment improperly awards appellate attorney's 

fees to Murphy. -'11e-G•ikuct-finds-that-these-ftes-axe-net-reso-vezable-tinder-either-C--hapter-3-7-or-

-Chathe-Texas-Givil-Praetiee-&-Renteclies-Goele,The-C-ortherfm:dsthatit-woultl- 

-41e-neitherequitable-:norjust-to-aw-artl-these-fees7-The-eu t-further-finds-that-these-fees-are-not2250162.1 
ELLA SAXON, Judge Presiding 

Rviek 306(56w-v.i" 

The Court vacates and modifies its 44,41e* in part with regard to the award of appellate fees to 

Murphy. The Court modifies paragraph 3 of its December 15, 2014 final judgment in this matter 

and finds that should Plaintiffs appeal this Final Judgment, Murphy will expend reasonable and 

necessary attorneys' fees in the amount of $25,000 for defending the matter in the Court of 

Appeals, $7500 for responding to a petition for review, and $20,000 in the event the Supreme 

Court orders briefmg n the meats and grants the petition. Therefore, should Plaintiffs 

unsuccessfully appeal thisAtinal Judgment, they are ordered to pay Murphy's reasonable and 

necessary attorney's fees on appeal as directed in this judgment. 

3, The Court finds that its rulings on Plaintiffs' Motion for Partial Summary 

Judgment and Defendant's Motion for Partial Summary Judgment should stand. 

IT IS THEREFORE ORDERED THAT Plaintiffs' Motion for New Trial, Motion to 

ovtVacate or Modify the Judgment, and Motion to Reconsider the Court's Decision 40 Partial 

Summary Judgment Motions is denied, except that the December 15, 2014 Final Judgment in 

this case is vacated and modified solely with regard to paragraph 3 as reflected in this order. 

IT IS FURTHER ORDERED THAT Plaintiffs' Motion for Partial Summary Judgment is 

DENIED AND Defendant's Motion for Partial Summary Judgment is GRANTED. 

Costs are taxed against Plaintiffs. 

IT IS FURTHER ORDERED that all other relief requested in this cause is DENIED. 

SIGNED this 10thday of February, 2015.