Court of Civil Appeals of Texas, 2014

the General Land Office of the State of Texas, Wesley West Minerals, Inc. and...

the General Land Office of the State of Texas, Wesley West Minerals, Inc. and...
Court of Civil Appeals of Texas · Decided November 19, 2014

the General Land Office of the State of Texas, Wesley West Minerals, Inc. and...

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § COMMISSIONER OF THE GENERAL LAND OFFICE OF THE STATE OF § TEXAS, WESLEY WEST MINERALS, No. 08-13-00145-CV LTD., and LONGFELLOW RANCH § PARTNERS, L.P., Appeal from the § 83rd Judicial District Court Appellants, § of Pecos County, Texas v. § (TC# 6955) SANDRIDGE ENERGY, INC. and SANDRIDGE EXPLORATION AND § PRODUCTION, L.L.C., § Appellees.

JUDGMENT The Court has considered this cause on the record and concludes there was error in the judgment. We therefore reverse the portion of the judgment regarding the South Pinon Fee Lease in its entirety and render judgment in favor of Wesley West Minerals, Ltd. We further reverse the trial court’s determination that all of the assessed firm transportation charges by Sandridge Energy, Inc. and Sandridge Exploration and Production, L.L.C. are deductible from royalties under the Longfellow Green and Purple Leases and remand for further proceedings regarding the determination of firm transportation charges, in accordance with this Court’s opinion. We also reverse the trial court’s determination that post-production fees are deductible from royalties under the 2005 Longfellow Lease. In all other respects, the trial court’s judgment is affirmed.

It is further ordered that Appellants, and their sureties, if any, see TEX.R.APP.P. 43.5, and Appellees each pay one-half (1/2) the costs of this appeal. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 19TH DAY OF NOVEMBER, 2014.

YVONNE T. RODRIGUEZ, Justice Before Rodriguez, J., Barajas, C.J. (Senior Judge), and Chew, C.J. (Senior Judge) Barajas, C.J. and Chew, C.J. (Senior Judges, sitting by assignment)

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