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BLACKMON v. XTO ENERGY, INC.

No. 10-07-00345-CV.

276 S.W.3d 600 (2008)

David BLACKMON, Rebecca Blackmon Reed, and Jay Harlan, Appellants, v. XTO ENERGY, INC., Appellee.

Court of Appeals of Texas, Waco.

December 10, 2008.

Attorney(s) appearing for the Case

Lee S. Gill, Kilburn Jones & Gill, LLP, Houston, for Appellants.

Michael A. Hatchell and Charles R. Watson, Jr., Locke Lord Bissell & Liddell LLP, Austin, for Appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

David Blackmon, Rebecca Blackmon Reed, and Jay Harlan (collectively the "Blackmons") filed a declaratory judgment action against XTO Energy, Inc. alleging that an oil and gas lease held by XTO had expired because the well was shut in. The Blackmons also sought an accounting for allegedly unpaid royalties. The court granted XTO's summary-judgment motion premised primarily on the grounds that: (1) the lease did not terminate...

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