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 4 th 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 mo tion shows the Court as follows: Luminant was the Plaintiff in these partiti on 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 part y issues will be addressed in the Brief of Appellees, once the Court resolves the abat ement of these appeals. ACCEPTED 06-15-00006-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/18/2015 4:45:37 PM DEBBIE AUTREY

CLERK2 Tremble Family") were Defenda nts. Luminant filed the Pa rtition Suits on November 26,

2013. On April 29, 2014, Luminant and each of numerous other re lated debtor entities filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code in the United States Bankruptcy C ourt for the District of Delaware. See Affidavit of [bankruptcy attorney] a ttached to and incorporated by re ference in this motion as Exhibit 1. The bankruptcy filing by Luminant and ot her 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 Tr emble Family filed suit in the Rusk County District Court against Luminant, Energy Future Hold ings 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 re covery 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 an d incorporated by reference in this motion as

Exhibit 3. On January 8, 2015, Luminant and Ener gy 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 Trembl e Suit with the Clerk of this Court in these three appeal s in the Partition Suits.3 On May 28, 2015, this C ourt issued an Order suspen ding 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 ba nkruptcy stay has been lifted or any other

authenticated document demo nstrating that reinstatemen t 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 th e plaintiffs in that suit against Luminant and Energy Future Holdings Corporation, as defendants, the su it involves claims that are alleged to have arisen in part before the filing of the ba nkruptcy petition, and th e Tremble Family as plaintiffs seek the recovery of damages from Luminant and Energy Future Holdings Corporation. Ex. 1. In contra st, 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]. Accordingl y, the bankruptcy stay does not apply to the appeals pending before this Co urt, 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,4 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. 7 th 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 LLC5 CERTIFICATE OF SERVICE I hereby certify that a true and complete copy of the above and foregoing Motion to Reinstate was sent via th e following method, to the follo wing parties on this the 18 th 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