On February 08, 2016 a
Party Discovery
was filed
involving a dispute between
Tro-X, L.P.,
and
Ayers, Warren T,
Bolin, Patrick Sterling,
Bolin, Patric Sterling,
Cog Operating, Llc,
Eagle Leasing And Investment Corp,
Eagle Oil & Gas Co,
Sterling Mi-Ro Partners, L.P.,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
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FILED
DALLAS COUNTY
8/18/2017 11:18 AM
FELICIA PITRE
DISTRICT CLERK
NO. DC-16-01439
TRO-X, L.P. § IN THE DISTRICT COURT
§
v. § DALLAS COUNTY, TEXAS
§
EAGLE OIL & GAS CO. § 116th JUDICIAL DISTRICT
NOTICE OF FILING OF CERTIFICATE OF DEPOSIT
IN LIEU OF BOND
Pursuant to Texas Rule of Appellate Procedure 24.1(a)(3) and 24.1(c)(1)(B), Plaintiff
TRO-X, L.P. files this Notice of Deposit of Cash in Lieu of Supersedeas Bond, and shows as
follows:
1. On May 11, 2017, the 116th Judicial District Court of Dallas County, Texas signed
the Judgment in this case in favor of Defendant Eagle Oil & Gas Co. (“Eagle”) against TRO-X,
LLP (“TRO-X”) for the following:
• Attorney’s fees: $175,819.50 for attorney’s fees incurred by Eagle in
the trial court;
• Conditional appellate attorney’s fees: $261,000 in conditio na l
attorney’s fees for various stages in the appellate process;
• Costs: Eagle’s taxable court costs; and
• Post-judgment interest: 5% post-judgment interest on the sums
awarded.
2. TRO-X has appealed the Judgment to the Dallas Court of Appeals and, if necessary,
intends to appeal to the Supreme Court of Texas, and seeks to supersede and suspend enforceme nt
of the Judgment during the appeal.
3. To supersede the judgment, the deposit made by TRO-X is not required to include
the amount of any award of attorney’s fees. In re Nalle Plastics Family Ltd. P’ship, 406 S.W.3d
168, 169 (Tex. 2013). Nor is it required to include the amount of post-judgment interest on the
award of fees. In re Corral-Lerma, 451 S.W.3d 385, 387 (Tex. 2014).
4. TRO-X is not aware of any taxable costs incurred by Eagle, but in any event
believes the amount of Eagle’s taxable court costs does not exceed $100.
5. Counsel for Eagle has advised counsel for TRO-X that it does not object to the
sufficiency of a deposit of at least $100, unless the law changes in the interim during the appeal.
6. Accordingly, on this day, TRO-X has deposited a certificate of deposit in the
amount of $100 with the clerk pursuant to Texas Rule of Appellate Procedure 24.1(a)(3) and
24.1(c)(1)(B).
7. Pursuant to Texas Rule of Appellate Procedure 24.1(d), this deposit in lieu of bond
is subject to liability for all damages, attorney’s fees, and costs that may be awarded against
TRO-X, up to the amount of the deposit, if any of the following occur:
a. TRO-X does not perfect an appeal or its appeal is dismissed, and TRO-X
does not perform the trial court’s judgment; or
b. TRO-X does not perform an adverse judgment final on appeal.
2
Respectfully submitted,
/s/Robert Dubose
Robert Dubose
State Bar No. 00787396
rdubose@adjtlaw.com
ALEXANDER DUBOSE JEFFERSON
& TOWNSEND LLP
1844 Harvard Street
Houston, Texas 77008
Telephone: (713) 523-2358
Facsimile: (713) 523-4553
APPELLATE COUNSEL FOR
PLAINTIFF TRO-X, L.P.
Samuel J. Stennis
State Bar No. 24079395
sstennis@cbtd.com
COTTON BLEDSOE TIGHE & DAWSON, P.C.
P. O. Box 2776
Midland, Texas 79702-2776
Telephone: (432) 684-5782
Facsimile: (432) 682-3672
W. Clark Lea
State Bar No. 12069690
wclarklea@yahoo.com
1608 Gulf Avenue
Midland, Texas 79705
Telephone: (432) 559-3683
Facsimile: (432) 257-3759
ATTORNEYS FOR PLAINTIFF
TRO-X, L.P.
3
CERTIFICATE OF SERVICE
On August 18, 2017, I electronically filed this instrument with the Clerk of Court using the
eFileTexas.gov electronic filing system which will send notification of such filing to the following:
Deborah G. Hankinson
dhankinson@hankinsonlaw.com
Brett Kutnick
bkutnick@hankinsonlaw.com
Jennifer Stagen
jstagen@hankinsonlaw.com
Hankinson LLP
750 N. St. Paul Street, Suite 1800
Dallas, Texas 75201
/s/Robert Dubose
Robert Dubose
4
Document Filed Date
August 18, 2017
Case Filing Date
February 08, 2016
Category
CNTR CNSMR COM DEBT
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FILED DALLAS COUNTY 8/18/2017 11:18 AM FELICIA PITRE DISTRICT CLERK NO. DC-16-01439 TRO-X, L.P. § IN THE DISTRICT COURT § v. § DALLAS COUNTY, TEXAS § EAGLE OIL & GAS CO. § 116th JUDICIAL DISTRICT NOTICE OF FILING OF CERTIFICATE OF DEPOSIT IN LIEU OF BOND Pursuant to Texas Rule of Appellate Procedure 24.1(a)(3) and 24.1(c)(1)(B), Plaintiff TRO-X, L.P. files this Notice of Deposit of Cash in Lieu of Supersedeas Bond, and shows as follows: 1. On May 11, 2017, the 116th Judicial District Court of Dallas County, Texas signed the Judgment in this case in favor of Defendant Eagle Oil & Gas Co. (“Eagle”) against TRO-X, LLP (“TRO-X”) for the following: • Attorney’s fees: $175,819.50 for attorney’s fees incurred by Eagle in the trial court; • Conditional appellate attorney’s fees: $261,000 in conditio na l attorney’s fees for various stages in the appellate process; • Costs: Eagle’s taxable court costs; and • Post-judgment interest: 5% post-judgment interest on the sums awarded. 2. TRO-X has appealed the Judgment to the Dallas Court of Appeals and, if necessary, intends to appeal to the Supreme Court of Texas, and seeks to supersede and suspend enforceme nt of the Judgment during the appeal. 3. To supersede the judgment, the deposit made by TRO-X is not required to include the amount of any award of attorney’s fees. In re Nalle Plastics Family Ltd. P’ship, 406 S.W.3d 168, 169 (Tex. 2013). Nor is it required to include the amount of post-judgment interest on the award of fees. In re Corral-Lerma, 451 S.W.3d 385, 387 (Tex. 2014). 4. TRO-X is not aware of any taxable costs incurred by Eagle, but in any event believes the amount of Eagle’s taxable court costs does not exceed $100. 5. Counsel for Eagle has advised counsel for TRO-X that it does not object to the sufficiency of a deposit of at least $100, unless the law changes in the interim during the appeal. 6. Accordingly, on this day, TRO-X has deposited a certificate of deposit in the amount of $100 with the clerk pursuant to Texas Rule of Appellate Procedure 24.1(a)(3) and 24.1(c)(1)(B). 7. Pursuant to Texas Rule of Appellate Procedure 24.1(d), this deposit in lieu of bond is subject to liability for all damages, attorney’s fees, and costs that may be awarded against TRO-X, up to the amount of the deposit, if any of the following occur: a. TRO-X does not perfect an appeal or its appeal is dismissed, and TRO-X does not perform the trial court’s judgment; or b. TRO-X does not perform an adverse judgment final on appeal. 2 Respectfully submitted, /s/Robert Dubose Robert Dubose State Bar No. 00787396 rdubose@adjtlaw.com ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP 1844 Harvard Street Houston, Texas 77008 Telephone: (713) 523-2358 Facsimile: (713) 523-4553 APPELLATE COUNSEL FOR PLAINTIFF TRO-X, L.P. Samuel J. Stennis State Bar No. 24079395 sstennis@cbtd.com COTTON BLEDSOE TIGHE & DAWSON, P.C. P. O. Box 2776 Midland, Texas 79702-2776 Telephone: (432) 684-5782 Facsimile: (432) 682-3672 W. Clark Lea State Bar No. 12069690 wclarklea@yahoo.com 1608 Gulf Avenue Midland, Texas 79705 Telephone: (432) 559-3683 Facsimile: (432) 257-3759 ATTORNEYS FOR PLAINTIFF TRO-X, L.P. 3 CERTIFICATE OF SERVICE On August 18, 2017, I electronically filed this instrument with the Clerk of Court using the eFileTexas.gov electronic filing system which will send notification of such filing to the following: Deborah G. Hankinson dhankinson@hankinsonlaw.com Brett Kutnick bkutnick@hankinsonlaw.com Jennifer Stagen jstagen@hankinsonlaw.com Hankinson LLP 750 N. St. Paul Street, Suite 1800 Dallas, Texas 75201 /s/Robert Dubose Robert Dubose 4