1 

IN THE 

COURT OF APPEALS 

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA, TEXAS 

______________________ 

06-15-0006-CV 

______________________ 

BILLIE MURPHY TREMBLE, SHARON TREMBLE DONALDSON, 

CELIA TREMBLE SHAWKEY, WILMER FORREST TREMBLE, JR., THE 

ESTATE OF WILMER FORREST TREMBLE, SR., Appellants

V. 

LUMINANT MINING COMPANY LLC, ENERGY FUTURE HOLDINGS 

CORPORATION AND SUBSIDIARIES, Appellees 

On Appeal from the 4th District Court 

Rusk County, Texas 

Trial Court No. 2013-392 

LUMINANT MINING COMPANY LLC'S 

MOTION TO REINSTATE APPEALS 

TO THE HONORABLE COURT OF APPEALS: 

 Appellee Luminant Mining Company LLC ("Luminant") moves to reinstate the 

above-referenced appeal, and two companion ones, pursuant to Texas Rule of Appellate 

Procedure 8.3, and for such motion shows the Court as follows: 

 Luminant was the Plaintiff in these partition suits in the trial court, now on appeal 

before this Court ("the Partition Suits").1

 Appellants Billie Murphy Tremble, Sharon 

Tremble Donaldson, Selia Tremble Shawkey, and Wilmer Forrest Tremble, Jr. ("the 

 

1

 In their notices of appeal, Appellants named Luminant and Energy Future Holdings Corporation and "Subsidiaries" 

as Appellees. Neither Energy Future Holdings Corporation nor any subsidiaries were Plaintiffs in the district court, 

and thus these entities are not proper Appellees. These party issues will be addressed in the Brief of Appellees, once 

the Court resolves the abatement of these appeals. 

ACCEPTED

06-15-00006-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

6/18/2015 4:45:37 PM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 6/18/2015 4:45:37 PM DEBBIE AUTREY Clerk
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Tremble Family") were Defendants. Luminant filed the Partition Suits on November 26, 

2013. 

 On April 29, 2014, Luminant and each of numerous other related debtor entities 

filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code 

in the United States Bankruptcy Court for the District of Delaware. See Affidavit of 

[bankruptcy attorney] attached to and incorporated by reference in this motion as Exhibit 

1. The bankruptcy filing by Luminant and other debtors effected an automatic stay of 

certain litigation in which the debtors were parties. Id. As is explained further below, 

however, the stay did not and does not apply to the Partition Suits, and Luminant 

therefore did not file a notice of bankruptcy in the Partition Suits. Id. 

 On December 12, 2014, the Tremble Family filed suit in the Rusk County District 

Court against Luminant, Energy Future Holdings Corporation, and "Subsidiaries," in 

Cause No. 2014-402 ("the Tremble Suit"). In the Tremble Suit, the Tremble Family 

alleges fraud and other claims and seeks the recovery of damages. A true and correct 

copy of the Tremble Family's petition is attached to this motion as Exhibit 2; see also 

Affidavit of Marc O. Knisely attached to and incorporated by reference in this motion as 

Exhibit 3. 

 On January 8, 2015, Luminant and Energy Future Holdings Corporation filed a 

Notice of Suggestion on Pendency of Bankruptcy ("Notice of Bankruptcy") in the 

Tremble Suit. Ex. 3. On May 19, 2015, the Tremble Family filed a copy of the Notice of 

Bankruptcy that Luminant had previously filed in the Tremble Suit with the Clerk of this 

Court in these three appeals in the Partition Suits. 
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 On May 28, 2015, this Court issued an Order suspending the three appeals and 

abating the cases. The Order states that "[a]ny party may move to reinstate the appeal by 

promptly filing a motion to reinstate including, as an attachment, either a certified copy 

of an order showing that the automatic bankruptcy stay has been lifted or any other 

authenticated document demonstrating that reinstatement is permitted by federal law 

and/or the relevant bankruptcy court." 

 The Tremble Suit is subject to the automatic bankruptcy stay because the members 

of the Tremble Family are the plaintiffs in that suit against Luminant and Energy Future 

Holdings Corporation, as defendants, the suit involves claims that are alleged to have 

arisen in part before the filing of the bankruptcy petition, and the Tremble Family as 

plaintiffs seek the recovery of damages from Luminant and Energy Future Holdings 

Corporation. Ex. 1. In contrast, the Partition Suits were brought by Luminant as the 

plaintiff, and no claims were or are asserted against Luminant in those suits. Id. [Discuss 

any additional reasons why stay does not apply]. Accordingly, the bankruptcy stay does 

not apply to the appeals pending before this Court, and, under applicable bankruptcy law, 

the Court may properly reinstate the appeals. Id. 

 For these reasons, Appellee Luminant Mining Company LLC requests that the 

Court reinstate these appeals. 

 

Respectfully submitted, 
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Jackson, Sjoberg, McCarthy & Townsend, LLP 

David E. Jackson 

State Bar No. 10458500 

djackson@jacksonsjoberg.com

Marc O. Knisely 

State Bar No. 11614500 

mknisely@jacksonsjoberg.com

711 W. 7th Street 

Austin, Texas 78701 

(512) 472-7600 

(512) 225-5565 FAX 

By: /s/ David E. Jackson 

 David E. Jackson 

 State Bar No. 10458500 

ATTORNEYS FOR APPELLEES 

LUMINANT MINING COMPANY LLC 

 
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CERTIFICATE OF SERVICE 

I hereby certify that a true and complete copy of the above and foregoing Motion 

to Reinstate was sent via the following method, to the following parties on this the 18th

day of June, 2015. 

Billie J. Murphy Tremble 

2806 Evans Street 

Marshall, TX 75670 

Via regular mail and 

Certified Mail, RRR 

70141200000120432610

Sharon Tremble Donaldson 

2010 Wineberry Dr . 

Katy, TX 77450

Via regular mail and

Certified Mail, RRR 

70141200000120432627

Selia Tremble Shawkey 

712 South 37th Street 

San Diego, CA 92113 

Via regular mail and 

Certified Mail, RRR 

70141200000120432634

Wilmer Forrest Tremble, Jr.

3614 Sheldon 

Pearland, TX 77584 

Via regular mail and 

Certified Mail, RRR 

70141200000120432641

 /s/ David E. Jackson 

 David E. Jackson