TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JUNE 18, 2013

NO. 03-10-00784-CV

Michael D. Lillis, Appellant v. Kachina Pipeline Company, Inc., Appellee

APPEAL FROM 119TH DISTRICT COURT OF CONCHO COUNTY BEFORE JUSTICES PURYEAR, HENSON AND GOODWIN JUSTICE HENSON, NOT PARTICIPATING AFFIRMED IN PART, REVERSED AND REMANDED IN PART ON MOTION FOR REHEARING – OPINION BY JUSTICE PURYEAR

THIS CAUSE came on to be heard on the record of the court below, and the same being considered, because it is the opinion of this Court that there was error in the trial court’s declarations related to compression costs and related to the termination date of the agreement: IT IS THEREFORE considered, adjudged and ordered that the portions of the trial court’s judgment addressing compression costs and the termination date are reversed and remanded to the trial court for reconsideration. We further remand for the trial court’s determination appellant’s request for an accounting and the issue of attorney’s fees and expenses. We affirm the remainder of the judgment.

It is FURTHER ordered that each party shall pay the costs of appeal incurred by that party; and that this decision be certified below for observance.