Appellants

Appellees

_______________________________

Before QUINN, C.J., REAVIS, J. and BOYD, S.J. ⁽¹⁾

Pending before us are the motions for rehearing of the litigants asking that we resolve other additional issues and that we affirm those portions of the trial court judgment which no one disputes. We grant and deny the motions in part as described below.

To the extent that the litigants ask the court to address other issues raised in their briefs, we conclude that the disposition of same was and is premature since each will be affected by the validity of the pooling agreement. In other words, if the pooling agreement is ultimately found invalid, they become moot.

As to modifying our judgment to affirm those portions of the trial court judgment to which no one has dispute, we do so. Accordingly, we withdraw our prior judgment, affirm those paragraphs of the trial court's judgment numbered "1," "3," "4," "10," "15," "17," and "18," reverse the remainder of the trial court's judgment, and remand the cause for further proceedings. Finally, except to the extent expressly granted by this order, the motions for rehearing are denied.

Brian Quinn

Chief Justice

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. §75.002(a)(1) (Vernon 2005).