1 

IN THE 

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA, TEXAS

______________________ 

No. 06-15-00006-CV 

______________________ 

BILLIE MURPHY TREMBLE, SHARON TREMBLE DONALDSON, 

SELIA 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 

WITH LIFT STAY ORDER

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 in compliance with this Court’s June 25, 2015 Order, and for such 

motion shows the Court as follows: 

ACCEPTED

06-15-00006-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

10/20/2015 12:32:53 PM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 10/20/2015 12:32:53 PM DEBBIE AUTREY Clerk
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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 

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. The bankruptcy 

filing by Luminant and other debtors effected an automatic stay of certain litigation in 

which the debtors were parties. Luminant concluded that the stay, however, did not apply 

to the Partition Suits under Bankruptcy law, and Luminant therefore did not file a notice 

of bankruptcy in the Partition Suits. 

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. 

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. 

 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.
3

 On May 19, 2015, the Tremble Family filed a copy of Luminant’s 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. 

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."

Luminant previously filed motions to reinstate these appeals, but discussed legal 

authorities about why it believes the stay does not apply to the Partition Suits and did not 

obtain or include a lift stay order. On June 25, 2015, this Court overruled the previous 

motions to reinstate these appeals because the motions did “not include (1) a certified 

copy of an order showing that the automatic stay has been lifted or (2) an authenticated 

document demonstrating that reinstatement is permitted by federal law and/or the 

relevant bankruptcy court.” 

 In the bankruptcy proceeding, on July 21, 2015, Luminant and Energy Future 

Holdings Corporation moved for an order confirming that the stay was not in effect or to 

lift the stay as to this and the two related appeals. A true and correct copy of that motion 

is submitted with this motion as Exhibit A and incorporated in this motion by reference. 
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 On October 15, 2015, the bankruptcy court heard and granted the motion to lift 

stay as to these appeals. A certified copy of the bankruptcy court’s lift stay order is 

submitted with this motion as Exhibit B and incorporated by reference in this motion. 

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

Court reinstate these appeals.

Respectfully submitted,

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 Appeals With Lift Stay Order was sent via the following method, to the 

following parties on this the 20th day of October, 2015.

Billie J. Murphy Tremble 

PO Box 541

Marshall, TX 75671-0541

Via regular mail and 

Certified Mail, RRR

7015 0640 0003 1869 5823

Sharon Tremble Donaldson 

2010 Wineberry Dr .

Katy, TX 77450

Via regular mail and

Certified Mail, RRR

7015 0640 0003 1869 5847

Selia Tremble Shawkey 

712 South 37th Street 

San Diego, CA 92113 

Via regular mail and 

Certified Mail, RRR

7015 0640 0003 1869 5854

Wilmer Forrest Tremble, Jr.

3615 Sheldon 

Pearland, TX 77584 

Via regular mail and 

Certified Mail, RRR

7015 0640 0003 1869 5861

 /s/ David E. Jackson 

David E. Jackson