COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

SCOTT W. JOHNSON and FLORENCE § H. CUMMINGS, § Appellants/ Cross-Appellees, § v. No. 08-22-00132-CV § CALE ANDREW CLIFTON, Appeal from the CHRISTOPHER MATTHEW CLIFTON, § PAMELA PARKER CLIFTON, COG 143rd Judicial District Court OPERATING, LLC, DESERT § PARTNERS IV, LP, KELLI CLIFTON of Reeves County, Texas GOSSMANN, LAMBERT LAND CO., § LLC, KMF LAND, LLC, McCAMEY (TC# 20-07-23609-CVR) FARM & RANCH, L.P., KATHY § PARKER in her Capacity as Independent Executor of the Estate of J. LOYD § PARKER, III, SPRINGWOOD MINERAL 4, LP, ROBIN LEE YOUNG, § YOUNG OIL AND GAS, LP and LAKE RANCH, LP, § Appellees/Cross-Appellants. §

JUDGMENT The Court has considered this cause on the record and concludes there was error in the judgment. We therefore reverse the trial court’s order granting Appellees’ motions for summary judgment, issuing a take-nothing judgment on Appellants’ claims, and interpreting the Cornell Deed as conveying a fixed 1/128th interest to the Grantees. We render judgment in favor of Appellants, finding them entitled to a floating 1/16th royalty interest on their claim for a declaratory judgment. We remand the case for further proceedings on Appellants’ remaining claims for relief.

We further order that Appellants recover from Appellees all costs of appeal for which let execution issue. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 10TH DAY OF JULY, 2023.

LISA J. SOTO, Justice Before Rodriguez, C.J., Palafox, and Soto, JJ.