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MOBIL OIL CORP. v. SHORES

No. 2-00-430-CV.

128 S.W.3d 718 (2004)

MOBIL OIL CORPORATION; Mobil Producing Texas & New Mexico, Inc.; Mobil Cortez Pipeline, Inc.; Cortez Pipeline Company; Shell Cortez Pipeline Company; Shell CO Company, Ltd.; Shell Oil Company; Shell Western E & P, Inc.; and SWEPI LP, Appellants, v. Gary H. SHORES, John W. Barfield, and Frank Gibson, In Their Representative Capacities As Co-Trustees of the Alicia L. Bowdle Trust; William G. Kemp and Marie J. Bench, In Their Representative Capacities As Co-Trustees of the Bernard M. Bench Family Trust; Bonnie Lynn Whiteis, Individually; William C. Armor, Jr., Individually; and the Class of All Overriding Royalty Interest Owners from August 24, 1982 to Date Under Leases to Defendants in Any Oil, Gas, or Mineral Property that Became Unitized by Virtue of the McElmo Dome Unit Agreement, Appellees.

Court of Appeals of Texas, Fort Worth.

January 29, 2004.

Attorney(s) appearing for the Case

Griffin, Whitten, Jones & Reib, Mobil Corporation, and Jack Balagia, Jr. and Taylor Snelling, Houston, McGinnis, Lochridge & Kilgore, L.L.P., Brian S. Engel, Marc O. Knisely, Richard Kelley, Akin Gump Strauss Hauer & Feld, L.L.P., Shannon H. Ratliff, Austin, for Appellant Mobil.

Hayes, Coffey & Berry, P.C., Richard D. Hayes, Denton, Morrison & Heckler L.L.P., Matthew J. Salzman and Kent Sullivan, Kansas City, MO, for Appellant Cortez.

Wood, Thacker & Weatherly, P.C., R. William Wood and Grace Weatherly, Denton, Vinson & Elkins, L.L.P., Andrew McCollam III, Phillip B. Dye, Jr., Gwen J. Samora, Catherine B. Smith, Sinead O'Carroll, Jennifer H. Davidow, Houston, for Appellant Shell.

Rader & Campbell, P.C., Donovan Campbell Jr. and Robert E. Rader, Jr., Hartnett Law Firm, James J. Hartnett, Jr. and Will F. Hartnett, McKool Smith, Charles Cunningham, Gary Cruciani, Robert M. Maley, Robert B. Perry, Dallas, for Appellees.

PANEL A: CAYCE, C.J.; WALKER, J.; and SAM J. DAY, J. (Retired, Sitting by Assignment).

OPINION ON REHEARING

JOHN CAYCE, Chief Justice.

INTRODUCTION

This case involves interlocutory appeals from the statutory probate court's order denying appellants' pleas to the jurisdiction and motions to transfer venue. On our own motion, we withdraw our opinion of April 5, 2001 and substitute the following.1 The motion for rehearing filed by Shell Cortez Pipeline Company...

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