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EX-99.3 - EX-99.3 - TEL OFFSHORE TRUSTa17-3314_1ex99d3.htm
EX-99.1 - EX-99.1 - TEL OFFSHORE TRUSTa17-3314_1ex99d1.htm
8-K - 8-K - TEL OFFSHORE TRUSTa17-3314_18k.htm

Exhibit 99.2

 

CAUSE NO. C-1-PB-14-001245

 

IN RE:

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IN THE PROBATE COURT OF

 

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V.

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OF

 

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TEL OFFSHORE TRUST

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TRAVIS COUNTY, TEXAS

 

FINAL JUDGMENT AS TO INDIVIDUAL TRUSTEES

 

After considering the Motion for Entry of Final Judgment as to Individual Trustees, which was filed by Gary C. Evans, Jeffrey S. Swanson, and Thomas H. Owen, Jr., as individual trustees, and Daniel Conwill IV, as a former individual trustee, of the TEL Offshore Trust (collectively “Individual Trustees”), wherein Plaintiffs(1) and Individual Trustees announced that a full and final settlement as to all claims that have been or could have been asserted by or against the Individual Trustees have been fully and finally resolved, and after considering the evidence, pleadings, and arguments of counsel, the Court finds the requested judgment should be entered as follows:

 

It is ORDERED, ADJUDGED AND DECREED that all claims that have been asserted or could have been asserted by Ad Litem, or those unitholders represented by Ad Litem, against the Individual Trustees, and all claims that have been asserted or could have been asserted by the Individual Trustees against Ad Litem, or those unitholders represented by Ad Litem, are hereby dismissed with prejudice;

 

It is ORDERED, ADJUDGED AND DECREED that all claims that have been asserted or could have been asserted by RNR against the Individual Trustees, and all claims that have been asserted or could have been asserted by the Individual Trustees against RNR, are hereby dismissed with prejudice;

 


(1)  The term “Plaintiffs” as used in this Final Judgment shall include Glenn M. Karisch (“Ad Litem”), attorney ad litem for the unit holders of TEL Offshore Trust who were served by publication and did not answer or appear, RNR Production Land & Cattle Company Inc. (“RNR”), Albert Speisman and Joyce E. Speisman (the “Speismans”),

 

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It is ORDERED, ADJUDGED AND DECREED that all claims that have been asserted or could have been asserted by the Speismans against the Individual Trustees, and all claims that have been asserted or could have been asserted by the Individual Trustees against the Speismans, are hereby dismissed with prejudice;

 

It is FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs TAKE NOTHING from the Individual Trustees and that this Final Judgment as to Individual Trustees bars all claims against the Individual Trustees that have been brought or could have been brought by any party in the captioned lawsuit, any current or former unitholder, or any other individual or entity in relation to the TEL Offshore Trust.  It is FURTHER ORDERED, ADJUDGED AND DECREED that the Individual Trustees TAKE NOTHING from the Plaintiffs.  This Final Judgment as to Individual Trustees shall not affect in any way the claims of Plaintiffs against the Bank of New York Mellon Trust Company, N.A. (the “Corporate Trustee”), the Corporate Trustee’s defenses to such claims, or the Corporate Trustee’s counterclaims against Plaintiffs.

 

Each party shall bear its own taxable Court costs.

 

All relief not expressly granted in this judgment is denied.  Upon severance, this Final Judgment as to Individual Trustees shall become a final appealable judgment without further action from the Court.

 

 

Signed:

January 20, 2017

 

 

 

 

 

 

 

/s/ Guy Herman

 

 

JUDGE PRESIDING

 

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AGREED AS TO FORM AND SUBSTANCE:

 

 

 

NORTON ROSE FULBRIGHT US LLP

 

 

 

By:

/s/ Peter A. Stokes

 

 

Paul Trahan

 

 

State Bar No. 24003075

 

 

paul.trahan@nortonrosefulbright.com

 

 

Peter A. Stokes

 

 

State Bar No. 24028017

 

 

peter.stokes@nortonrosefulbright.com

 

 

98 San Jacinto Boulevard, Suite 1100

 

 

Austin, Texas 78701-4255

 

 

Telephone: (512) 474-5201

 

 

 

 

 

Daniel M. McClure

 

 

State Bar No. 13427400

 

 

dan.mcclure@nortonrosefulbright.com

 

 

1301 McKinney, Suite 5100

 

 

Houston, TX 77010-3095

 

 

Telephone: (713) 651-5151

 

 

ATTORNEYS FOR INDIVIDUAL TRUSTEES

 

 

GARY C. EVANS, JEFFREY S. SWANSON,

 

THOMAS H. OWEN, JR., AND DANIEL CONWILL IV

 

 

 

 

 

AGREED AS TO FORM:

 

 

 

 

 

SCOTT DOUGLASS & MCCONNICO LLP

 

 

 

By:

/s/ Daniel C. Bitting

 

 

Daniel C. Bitting

 

 

State Bar No. 02362480

 

 

Cynthia L. Saiter

 

 

State Bar No. 00797367

 

 

303 Colorado Street, Suite 2400

 

 

Austin, Texas 78701

 

 

Telephone: (512) 495-6300

 

 

dbitting@scottdoug.com

 

 

csaiter@scottdoug.com

 

 

 

 

 

Glenn M. Karisch

 

 

State Bar No. 11098950

 

 

THE KARISCH LAW FIRM, PLLC

 

 

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301 Congress Avenue, Suite 1910

 

 

Austin, Texas 78701

 

 

Telephone: (512) 328-6346

 

 

karisch@texasprobate.com

 

 

ATTORNEY AD LITEM

 

 

 

 

 

 

 

RATLIFF LAW FIRM PLLC

 

 

 

By:

/s/ Shannon Ratliff

 

 

Shannon Ratliff

 

 

State Bar No. 16573000

 

 

sratlifee@ratlifflaw.com

 

 

Lisa Paulson

 

 

State Bar No. 00784732

 

 

lpaulson@ratlifflaw.com

 

 

600 Congress Avenue, Suite 3100

 

 

Austin, Texas 78701

 

 

ATTORNEYS FOR RNR PRODUCTION

 

 

LAND AND CATTLE CO., INC.

 

 

 

 

 

 

 

By:

/s/ R. James George, Jr.

 

 

R. James George, Jr.

 

 

State Bar No. 07810000

 

 

rjgeorge@gbkh.com

 

 

114 West 7th Street, Suite 1100

 

 

Austin, Texas 78701

 

 

Telephone: (512) 495-1400

 

 

ATTORNEY FOR ALBERT SPEISMAN

 

 

AND JOYCE E. SPEISMAN

 

 

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