Total E&P USA, Inc. v. Dallas/Fort Worth International Airport Board, City of Dallas, and City of Fort Worth

In the Court of Appeals

Second Appellate District of Texas at Fort Worth ___________________________

No. 02-20-00054-CV No. 02-21-00137-CV

___________________________

CHESAPEAKE EXPLORATION, L.L.C. AND TOTAL E&P USA, INC.,

Appellants

V. DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD, CITY OF

DALLAS, AND CITY OF FORT WORTH, Appellees

On Appeal from the 67th District Court

Tarrant County, Texas Trial Court No. 067-286059-16

Before Kerr, Birdwell, and Walker, JJ.

Memorandum Opinion by Justice Kerr

MEMORANDUM OPINION AND JUDGMENT Chesapeake Exploration, L.L.C. and Total E&P USA, Inc. appealed from the 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).

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.

/s/ Elizabeth Kerr Elizabeth Kerr Justice

Delivered: May 13, 2021