### 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

### 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-o 

## is -- 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

3CAUSE 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 FILED 01 Iry O'CLOCK 

## P MARGARET E. LITTLETON, DISTRICT CLERK FEB 1 0 2)15 218th JUDICIAL )3

CLERK DIS TRICT a 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‘ o

ctitPeot: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-not2250162.1ELLA 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 toovtVacate 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 10 th

day of February, 2015.