Robert Hugh Goodfellow v. Shari Angela Masson Goodfellow--Appeal from County Court at Law No. 1 of Williamson County

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Laws-info.com » Cases » Texas » 3rd District Court of Appeals » 2002 » Robert Hugh Goodfellow v. Shari Angela Masson Goodfellow--Appeal from County Court at Law No. 1 of Williamson County

State: Texas

Court: Texas Northern District Court

Docket No: 03-01-00633-CV

Case Date: 12/12/2002

Plaintiff: ARISTEO BENITEZ

Defendant: THE STATE OF TEXAS--Appeal from 194th District Court of Dallas County

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Court of Appeals Ninth District of Texas at Beaumont _________________
NO. 09-10-00386-CV

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WELLS FARGO BANK, N.A. AND TIMOTHY D. ZEIGER, Appellants V. DANIEL J. GOLDBERG, CHAPTER 7 TRUSTEE, Appellee _____________________________________________________________ _____ __ On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No. B-183,094 _______________________________________________________________ _____ _ MEMORANDUM OPINION This is an interlocutory appeal from a trial court's order denying Wells Fargo Bank, N.A.'s and Timothy D. Zeiger's Motion to Stay Lawsuit and Alternative Motion for Reconsideration. We conclude the appeal must be dismissed for lack of jurisdiction. BACKGROUND Appellee Daniel J. Goldberg is the Chapter 7 bankruptcy trustee for Longleaf Production, LLC and L-Texx Petroleum, LP. Charles W. Tucker and Thomas H. Noble are the sole members and managers of Longleaf and are the sole managing partners of L-

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Texx. The sole general partner of L-Texx is L-Texx Management, LLC. Tucker and Noble are the sole owners and members of L-Texx Management. Longleaf executed two promissory notes to Wells Fargo totaling $1,000,000. Tucker and Noble executed a deed of trust in their capacity as representatives of Longleaf. The deed of trust pledged certain oil and gas leases owned by Longleaf and certain oil and gas leases owned by L-Texx as collateral for the promissory notes. The deed of trust includes an FAA arbitration provision. Longleaf defaulted on the loans. Wells Fargo posted the collateral for foreclosure and notified the purchaser of the oil production of the foreclosure. L-Texx and Longleaf filed for bankruptcy. Goldberg, as bankruptcy trustee for both L-Texx and Longleaf, sued Wells Fargo and its agent, Timothy Zeiger, for tortious interference with the oil purchase contract. L-Texx and Longleaf claimed the interference forced the companies into bankruptcy. In March 2009, Wells Fargo and Zeiger filed a motion to abate and to compel arbitration. They requested the trial court dismiss or alternatively abate the case pending arbitration between the parties. Goldberg filed a non-suit of Longleaf's claims. He informed the trial court that the party to the arbitration provision, Longleaf, would no longer pursue its claim. In June 2009, the trial court denied the motion to abate and to compel arbitration. Wells Fargo and Zeiger did not file an appeal or a mandamus petition challenging the ruling.

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In January 2010, appellants filed another motion to stay and a motion for reconsideration requesting the trial court reconsider the June 2009 ruling. The trial court conducted a hearing in May, but then took the motion under advisement. On August 13, 2010, the trial court denied the motion. On August 24, 2010, appellants filed their notice of appeal. JURISDICTION Wells Fargo and Zeiger assert this Court has jurisdiction pursuant to section 51.016 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann.

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