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 § § 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