April 17, 2012

JUDGMENT The Fourteenth Court of Appeals BOSSCORP, INC., FRED M. TRESCA, HBC INVSETMENTS LLC, WHITLEY PARTNERS, LTD., A. DUNCAN GRAY, M. RICHARD WARNER, NILS JOHANSSON, ALBERT R. DOWDEN, HENRY L. CHANG, PRINCE ZACHARIAH, MORGAN INTERESTS LLC, KEVIN O. KAMMERER, ROBERT M. ANDERSON, AND BOSS ENTERPRISES GROUP, LLC, Appellants NO. 14-11-00439-CV V. DONEGAL, INC., KESTREL CAPITAL L.P., CONTINENTAL ENERGY SERVICES LLC, BARRETT L. WEBSTER, PATRICK J. KELLY, and STEPHEN M. SCHUSTER, Appellees ____________________ This cause, an appeal from the judgment in favor of appellees, Donegal, Inc., Kestrel Capital L.P., and Continental Energy Services LLC, signed April 26, 2011, was heard on the transcript of the record. We have inspected the record and find the trial court erred in staying arbitration as to appellees Kestrel Capital L.P. and Continental Energy Services LLC. We therefore order that the portions of the judgment that stay arbitration as to appellees Kestrel Capital L.P. and Continental Energy Services LLC are REVERSED and ordered severed and REMANDED for proceedings in accordance with this court’s opinion.

Further, we find no error in the remainder of the judgment and order it AFFIRMED.

We order Kestrel Capital L.P. and Continental Energy Services LLC, jointly and severally, to pay all costs incurred in this appeal. We further order this decision certified below for observance.