ABRAXAS PETROLEUM CORP. v. HORNBURG

No. 08-98-00286-CV.

20 S.W.3d 741 (2000)

ABRAXAS PETROLEUM CORPORATION, and Abraxas Production Corporation, Appellants, v. John H. HORNBURG and Gwendolyn Hornburg Hauter, and Marian C. Guiberson, Appellees.

Court of Appeals of Texas, El Paso.

March 16, 2000.


Attorney(s) appearing for the Case

Margaret Blair Sullivan, Cox & Smith Inc., San Antonio, for Appellants.

Brad Miller, Woerndle, Patterson, Strain & Miller, LLP, Jimmie D. Oglesby, Lynch, Chappell, Allday & Alsup, Midland, Samuel A. Guiberson, Guiberson Law Office, Frank Birchak, Houston, for Appellees.

Before Panel No. 1 LARSEN, McCLURE, and CHEW, JJ.


OPINION

ANN CRAWFORD McCLURE, Justice.

Abraxas Petroleum Corporation (Abraxas) appeals from judgment entered in favor of Appellees, John H. Hornburg (Hornburg), Gwendolyn Hornburg Hauter (Hauter), and Marian C. Guiberson (Guiberson). We delete the award of exemplary damages and affirm the judgment as modified.

FACTUAL SUMMARY

The Cleo Smith lease, located in Stonewall County, and a Joint Operating Agreement (JOA) dated August 1,...

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