Court of Civil Appeals of Texas, 2025

San Miguel Electric Cooperative, Inc. v. Lee Franklin Lively, Arthur Wayne Swaim, Robert Murray Swaim, Bobbie Swaim, Rodney and Bobbie Swaim Family Limited Partnership & Shorty Investments, Ltd.

San Miguel Electric Cooperative, Inc. v. Lee Franklin Lively, Arthur Wayne Swaim, Robert Murray Swaim, Bobbie Swaim, Rodney and Bobbie Swaim Family Limited Partnership & Shorty Investments, Ltd.
Court of Civil Appeals of Texas · Decided October 22, 2025

San Miguel Electric Cooperative, Inc. v. Lee Franklin Lively, Arthur Wayne Swaim, Robert Murray Swaim, Bobbie Swaim, Rodney and Bobbie Swaim Family Limited Partnership & Shorty Investments, Ltd.

Opinion

Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-24-00383-CV SAN MIGUEL ELECTRIC COOPERATIVE, INC., Appellant v. Lee Franklin LIVELY, Arthur Wayne Swaim, Robert Murray Swaim, Bobbie Swaim, Rodney and Bobbie Swaim Family Limited Partnership & Shorty Investments, Ltd., Appellees From the 156th Judicial District Court, McMullen County, Texas Trial Court No. M-22-0027-CV-B Honorable Janna K. Whatley, Judge Presiding BEFORE JUSTICE VALENZUELA, JUSTICE SPEARS, AND JUSTICE MEZA In accordance with this court’s opinion of this date, the trial court’s order is REVERSED.

Judgment is RENDERED and we declare that the 1931 deed’s reservation of “all coal” included the rights to lignite. This case is REMANDED to the trial court for further proceedings consistent with this court’s opinion. Costs are assessed against appellees.

SIGNED October 22, 2025.

_____________________________ Velia J. Meza, Justice

Case-law data current through December 31, 2025. Source: CourtListener bulk data.