Sylvia R. Bush, Robert Hailey, Barry Lee Hailey, Quail Pasture LP as Successor to Gwen Geltemeyer, David Jess St. Clair, Justin Dallas St. Clair, Joh Christopher St. Clair, Julie A. Canon, Lynn D. Hughes, Donna Pepper, Armadura Family Holdings, LP, Melanie S. Lee, John F. Griffin, Goat Hill Properties, LLC, Rosetta Resources Operating LP, Rosetta Resources Operating GP, LLC and Noble Energy v. Yarborough Oil & Gas, LP, Carrollton Mineral Partners, Carollton Mineral Partners Fund II, LP, Sterling MI-RO Partners, LP, Eagle Oil & Gas Partners, LLC, Eagle Oil & Gas Co., Dexter Capital Company LLC, Estate of Robert Mitchell Sayre, Lambert Land Company, LLC, Ralph and Martha Brown as Trustees of the Ralph A. Brown and Martha Brown Revocable Trust Dated 04-15-2015, Jordex Investments Company, Desert Partners IV, L.P.

From: Justice Lisa Soto
To: Chief Justice Jeff Alley; Justice Gina Palafox; Stuart Alfsen
Cc: Cooke Kelsey; Kristina Rocha
Subject: RE: Final, revised draft: Bush v Yarborough (08-23-00261-CV)
Date: Monday, December 30, 2024 12:17:56 PM

I also agree and join. Thank you!

From: Chief Justice Jeff Alley <jeff.alley@txcourts.gov>
Sent: Monday, December 30, 2024 11:55 AM
To: Justice Gina Palafox <Gina.Palafox@txcourts.gov>; Stuart Alfsen <Stuart.Alfsen@txcourts.gov>;
Justice Lisa Soto <Lisa.Soto@txcourts.gov>
Cc: Cooke Kelsey <cooke.kelsey@txcourts.gov>; Kristina Rocha <Kristina.Rocha@txcourts.gov>
Subject: RE: Final, revised draft: Bush v Yarborough (08-23-00261-CV)

Agree and join. CJA

From: Justice Gina Palafox <Gina.Palafox@txcourts.gov>
Sent: Monday, December 30, 2024 11:52 AM
To: Chief Justice Jeff Alley <jeff.alley@txcourts.gov>; Stuart Alfsen <Stuart.Alfsen@txcourts.gov>;
Justice Lisa Soto <Lisa.Soto@txcourts.gov>
Cc: Cooke Kelsey <cooke.kelsey@txcourts.gov>; Kristina Rocha <Kristina.Rocha@txcourts.gov>
Subject: RE: Final, revised draft: Bush v Yarborough (08-23-00261-CV)

CJA and Judge Soto,

This is a final, revised draft in Bush for your approval. I deleted the citation to Mitchell, Moore, and
White Star, as suggested by you both, in C2 on pp 24-25.

Here’s the paragraph in its final form:

As discussed earlier, we disagree with the standing argument to the extent it suggests it
matters whether the Vaughn Successors have brought a collateral attack in addition to a
trespass-to-try-title claim seeking a determination of the scope of the judgment. We decline
to apply Pirkle to such a “scope” claim. [FN11]

Also, the formatting of footnote 11 and other errors were corrected (per CJA’s suggestion).

Please confirm your vote on this update draft.

Thanks,
GMP

From: Chief Justice Jeff Alley <jeff.alley@txcourts.gov>
Sent: Sunday, December 29, 2024 4:59 PM
To: Stuart Alfsen <Stuart.Alfsen@txcourts.gov>; Justice Gina Palafox <Gina.Palafox@txcourts.gov>;
Justice Lisa Soto <Lisa.Soto@txcourts.gov>
Cc: Cooke Kelsey <cooke.kelsey@txcourts.gov>
Subject: Re: Final, revised draft: Bush v Yarborough (08-23-00261-CV)

I agree and join and add these little clean up notes:

1. p. 13, there is an extra period at the end of the last full paragraph

2. p.15, need a pet history for Ridgefield

3. p25, need to take out white star if we hold it over, and I don't recall Moore
addressing Pirkle, it was also issued Friday

4. P.25, the footnote needs right justifying.
(Stuart no doubt would have caught all these)
CJA

From: Stuart Alfsen <Stuart.Alfsen@txcourts.gov>
Sent: Sunday, December 29, 2024 3:24 PM
To: Justice Gina Palafox <Gina.Palafox@txcourts.gov>; Chief Justice Jeff Alley
<jeff.alley@txcourts.gov>; Justice Lisa Soto <Lisa.Soto@txcourts.gov>
Cc: Cooke Kelsey <cooke.kelsey@txcourts.gov>
Subject: RE: Final, revised draft: Bush v Yarborough (08-23-00261-CV)

Thank you. Can I accept all changes and stop tracking before beginning to
check the opinion?

Thanks so much!

Stuart

From: Justice Gina Palafox <Gina.Palafox@txcourts.gov>
Sent: Sunday, December 29, 2024 12:51 PM
To: Chief Justice Jeff Alley <jeff.alley@txcourts.gov>; Justice Lisa Soto <Lisa.Soto@txcourts.gov>
Cc: Cooke Kelsey <cooke.kelsey@txcourts.gov>; Stuart Alfsen <Stuart.Alfsen@txcourts.gov>
Subject: Final, revised draft: Bush v Yarborough (08-23-00261-CV)

Good afternoon,

Attached is a “clean copy” of the revised draft, which includes green highlights to show changes I
made to the structure, headings, or text. I’m also attaching a draft that includes Cooke’s responses
to comments made by Chief or were otherwise brought up in our Friday conference. I left the track
changes on so you can see what was edited.

Please note I moved former section V into section IV, and address standing, limitations and equitable
concerns as alternative arguments that Appellants brought in support of a reversal of the trial
court’s judgment. It’s more of a final clean up section to the scope section. We heavily edited the
text and relied on citations to Moore, Mitchell v Map, and White Star.   

Thank you for all the feedback. Hope we satisfactorily addressed your concerns.

Thanks,
GP