COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS PANAMERICAN OPERATING, INC., § No. 08-12-00036-CV Appellant, § Appeal from the v. § 97th Judicial District Court MAUD SMITH ESTATE, A TEXAS § GENERAL PARTNERSHIP, of Archer County, Texas § Appellee. (TC#2009-0000028A-CV) § JUDGMENT The Court has considered this cause on the record and concludes there was no error in the judgment. We therefore affirm the judgment of the court below. We further order that Appellee recover from Appellant and its sureties, see TEX.R.APP.P. 43.5, on the judgment and all costs both in this Court and the court below, for which let execution issue. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 24TH DAY OF JULY, 2013.

YVONNE T. RODRIGUEZ, Justice Before Rivera, J., Rodriguez, J., and Larsen, J.(Senior Judge) Larsen, J. (Senior Judge)(Sitting by Assignment)