O rder filed December 30 , 2016



### In The 

# Eleventh Court of Appeals

__________ No. 11

- 1 6

- 00 177

- C V

__________ KERWIN STEPHENS; THU NDERBIRD OIL & GAS, LLC; THUNDERBIRD RESOURCE S, LLC; THUNDERBIRD LAND SERVICES, LLC; STEPH ENS & MYERS, LLP; AN D CHESTER

CARROLL , Appellants

V.
THREE FINGER BLACK S HALE PARTNERSHIP; TREK RESOURCES, INC.; TIB URON LAND & CATTLE, L.P.; L.W. HUNT RESOURCES, LLC; AND RICHARD RAUGHTON , Appellees

——— and

——— L.W. HUNT RESOURCES, LLC AND RICHARD RAUG HTON, INDIVIDUALLY AND AS SUCCESSOR IN INTERES T OF ARAPAHO ENERGY, LLC, Cross

- Appellants

V. KERWIN STEPHENS; THU NDERBIRD OIL & GAS, LLC; THUNDERBIRD RESOURCE S, LLC; THUNDERBIRD LAND2



### SERVICES, LLC; STEPH ENS & MYERS, LLP; AND CHES TER

CARROLL , Cross

- Appellees

On Appeal from the 32nd District Court

Fisher County, Texas Trial Court Cause No. DC

- 2013

- 0016

O R D E R Appellants Kerwin Stephens and Thunderbird Resources, LLC hav e filed in this court an emergency motion for temporary stay pending a ruling on a second motion that they intend to file in this court pursuant to Rule 24.4 of the Texas Rules of Appellate Procedure . The movants indicate in their motion that the underlying judgment from which they have appealed is an ad verse judgment of more than $35 million. Movants indicate that they have continued in their attempts to suspend the enforcement of the judgment.
This c ourt prev iously denie d m ovants first motion for review under Rule 24.4 on October 27, 2016

. Movants assert that they have now received commitments for the issuance of letters of credit and a supersedeas bond conditioned on the lifting of the abstracts of judgment that have been filed by the plaintiffs and intervenors in the
case below and on the removal of liens created by the intervenors ’ levies on certain property located in Young, Stephens, and Johnson Counties

. According to their emergency motion, the trial co urt denied their motion to subordinate the abstrac ts yesterday

— December 29, 2016

— and took no action to remove the liens on

m ovants’ property. Movants also claim that the plaintiffs informed the trial court that they were willing to subordinate their abstr ac t s to the security interest supporting the letters of credit; however, the intervenors have posted m ovants’ property for foreclosure sales, which are scheduled for January 3, 2017
, and February 2017.3

Accordin g to the motion, m ovants will file a second Rule 24.4 motion in this

court as soon as the December 29 record with respect to the trial court’s most recent supersedeas ruling is prepared. In order to afford movants time to obtain a record
with re spect to the supersedeas ruling and file a Rule 24.4 motion in this court and
also to permit this court sufficient time to review the merits of the Rule 24.4 motion
once it is filed , we issue a temporary stay, effective immediately

. See T EX

. R.
A PP

. P. 24.4(c).
Movants ’ request for a temporary stay is granted, and the enforcement or execution of the underlying judgment against movants

— Kerwin Stephens and Thunderbird Resources, LLC

— is stayed pending further order of this court. As suggested in their motion and provided f or in T EX

. R. A PP

. P. 24.2(d), movants are hereby enjoined “from dissipating or transferring assets to avoid satisfaction of the judgment.”

PER CURIAM

December 30 , 2016 Panel consists of: Wright, C.J., Willson, J ., and Bailey, J

.