Legal Opinion · Dissent

Huff Energy Fund, L.P. v. Longview Energy Co.

Court of Appeals of Texas

Decided February 12, 2014No. 04-12-00630-CVPublished

1DissentRebeca C. Martinez, Justice

Because I believe the $25 million cap on a supersedeas bond contained in Civil Practice and Remedies Code section 52.006(b)(2) applies per judgment debtor, I respectfully dissent from that portion of the majority’s opinion. Tex. Civ. Prac. & Rem.Code Ann. § 52.006(b)(2) (West 2008).

Here, the final judgment awarded to Longview Energy Company both money (certain production revenues plus $95.5 million) and property in the form of a constructive trust over leases and mineral interests covering a large number of acres in the Eagle Ford shale. Chapter-52 of the Civil Practice and Remedies Code…

2Cases cited4 opinions

  1. Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987
  2. Acker v. Texas Water CommissionTexas Supreme Court · 1990
  3. Texaco Inc. v. Pennzoil Company, State of Texas, IntervenorCourt of Appeals for the Second Circuit · 1986
  4. Fortune v. McElhenneyCourt of Appeals of Texas · 1983

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