COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

CLINTON T. MONTGOMERY, § No. 08-23-00153-CV MANAGING TRUSTEE OF THE TRI-MONT IRREVOCABLE TRUSTS, § Appeal from the KIMBERLY SHIPMAN DYESS, MELODY SHIPMAN DELONG, § 143rd Judicial District Court and MICHELE MITCHELL GRIMSLEY, § of Reeves County, Texas Appellants, § Cause No. 21-06-24103-CVR v. ES3 MINERALS, LLC and ECHO MINERALS, LP, Appellees.

JUDGMENT The Court has considered this cause on the record and concludes there was error in the judgment. We therefore reverse the judgment of the court below denying Appellants’ motion for partial summary judgment and render a partial summary judgment in favor of Appellants in accordance with the opinion of this Court. We further reverse the judgment of the court below granting partial summary judgment in favor of Appellee Echo Minerals, LP, and remand the cause for further proceedings consistent with this opinion. We further order that Appellants recover from Appellees all costs of this appeal, for which let execution issue. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 30TH DAY OF MAY 2024.

GINA M. PALAFOX, Justice

Before Palafox, J., Soto, J., and Barajas, C.J. (Ret.)

Barajas, C.J. (Ret.) (Sitting by Assignment)