XTO Energy Inc. AND Tommy J. Madewell, Patricia Madewell, Violet Joyce Renfro...

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

N0. 02-09-00299~CV

XTO Energy lno., Tommy J.

Madewell, Patricia Madewell, Violet

Joyce Renfro Kivimaki, Gary W.

Yount, Shirley K. Stephens, Gregory

Doyle Moseley, Sharlet Yvonne

Holemon, Viola D'ann Madeweli,

NASA Energy Corporation, Edith

Madeweii MoCurrin, Tommy

Roessler, Debbie Madeweii, the

Unknown Heirs of Arthur Fred

Madeweil, the Unknown Heirs of

Gene Roessler, the Unknown Heirs of WR. Madeweil, Matilda Jones

Madeweli, and Paula Simon

Madeweii v.

Leonard Nikolai and Sandy Nikolai

AND

Leonard Nikolai and Sandy Nikolai v.

XTO Energy Inc., Tommy J.

Madeweil, Patricia Madewell, Violet

Joyce Renfro Kivimaki, Gary W.

Yount, Shirley K. Stephens, Gregory

Doyie Moseley, Shariet Yvonne

Holamon, Viola D'ann Madewell,

NASA Energy Corporation, Edith

Madeweli iVlcCurrin, Tommy

§

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From the 367th District Court of Denton County (2007-50350-367)

Roessier, Debbie Madewelt, the § August 30, 2011

Unknown Heirs of Arthur Fred

Madewetl, the Unknown Heirs of

Gene Roessler, the Unknown Heirs of W.R. Madewetl, Matilda Jones

Madewell, Paula Simon Madewell,

Winnifred lVi. lmboden, Estate of

Ouilda Marie Madewell Baird (deceased), Wilson Oil & Gas

Company, Sheron Lanelle Mitchell,

Matthew Kirk iVliiler, Patricia Sue iVlcNew Finch, Debra Kay lVlyrick,

William Jay McNew, Wanda Ann

Tubbs, Beverly Ann McNew

Thompson, Pete Mitchell, Giennes

Gerome Langford, William Don

Madewell, Norman Edgar McNew, and Beveriy E. McNew Smithie § Opinion by Chief Justice Livingston JUDGMENT

This court has considered the record on appeal in this case and holds that there was error in part of the trial court’s judgment. it is ordered that the judgment of the trial court is affirmed in part, reversed and rendered in part, and reversed and remanded in part.

We reverse the trial court’s judgment with respect to the court’s determinations that (1) the mineral estate of the property was never validly reserved or severed from the surface estate, (2) a mineral lease on the property may oniy be made by Leonard Nikoiai and Sandy Nikolai, (3) the Nikotais are the owners of the property in fee simpie, inciddtng both the surface and mineral estate, pursuant to their warranty deed, and (4) the ctoud on the Nikoiais’ titte created by appellants’ claim to the mineral estate is removed and quieted. We render judgment, instead, in favor of all of the trial court defendants that the Nikolais are estopped by deed from claiming that they own any interest in the minerals beneath the surface of their property. We atso affirm the triaI court’s judgment to the extent that it denied the Nikolais’ ctairn for attorney’s fees, and we remand this case to the trial court for the limited purpose of resolving issues related to R. Scott Alagood’s ad litem attorney’s fees. it is further ordered that appellants Leonard Nikolai and Sandy Nikoiai shall pay all of the costs of this appeal, for which let execution issue.

SECOND DiSTRiCT COURT OF APPEALS