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Defendant's Attorney: Dallas/Fort Worth International Airport Board - Shayne D. Moses
The City of Fort Worth - Shayne D. Moses

Description:

Fort Worth, Texas - Civil Litigation lawyer represented Appellants with appealing trial court’s Amended Order of Severance and Final Judgment.

Chesapeake Exploration, L.L.C. and Total E&P USA, Inc. appealed from the ss
trial court’s Amended Order of Severance and Final Judgment. On June 29, 2020,
Chesapeake Energy Corporation notified us that it and its subsidiaries—which include
Chesapeake Exploration—had filed a bankruptcy petition in the United States
Bankruptcy Court for the Southern District of Texas, Cause No. 20-332233. See Tex.
R. App. P. 8.1. We promptly suspended the appeal and stayed it for administrative
purposes. See Tex. R. App. P. 8.2.
In January 2021, the bankruptcy court confirmed a Chapter 11 reorganization
plan that requires Chesapeake Exploration to move to dismiss its appeal with
prejudice.
1 To comply with the plan, Chesapeake Exploration has moved to reinstate
the appeal and to sever and dismiss its appeal only.
2 See Tex. R. App. P. 8.3, 42.1(a)(1),
(b)

Outcome: We grant Chesapeake Exploration’s motion. We reinstate the appeal, sever
Chesapeake Exploration’s appeal from cause number 02-20-00054-CV, and docket it
under cause number 02-21-00137-CV. We dismiss with prejudice the appeal in cause
number 02-21-00137-CV. See Tex. R. App. P. 42.1(a)(1), (b), 43.2(f); see also Realtex
Constr., LLC v. Rico, No. 07-18-00325-CV, 2020 WL 3477177, at *1 (Tex. App.—
Amarillo June 16, 2020, no pet.) (per curiam) (reinstating appeal based on Chapter
11 reorganization plan requiring appellant to seek dismissal of appeal and dismissing
appeal on appellant’s motion). Chesapeake Exploration must pay all costs of the
appeal between it and appellees. See Tex. R. App. P. 42.1(d), 43.4.
Total E&P’s appeal will continue under cause number 02-20-00054-CV,
hereinafter styled Total E&P USA, Inc. v. Dallas/Fort Worth International Airport Board, City of Dallas, and City of Fort Worth.

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Defendant's Experts:

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