GRAHAM v. PROCHASKA

No. 04-12-00755-CV.

429 S.W.3d 650 (2013)

Roger L. GRAHAM, John B. Graham, John Regmund, Glenn Regmund, Wilma Regmund, Raellen Regmund Mattingly, Rayanne Regmund Chesser, Albert O. Menn, and Irene C. Menn, Appellants v. George J. PROCHASKA, Jr., Patricia Prochaska Holland, Jeanette Prochaska Mazza, Dawn Prochaska Snyder, Frederick James Prochaska, II, and Rebecca Prochaska Willis, Appellees.

Court of Appeals of Texas, San Antonio.

Dissienting Opinion by Justice Barnard January 15, 2014.


Attorney(s) appearing for the Case

Robert S. Ballentine , Burleson LLP, Houston, TX, Thomas Ciarlone Jr. , Burleson LLP, San Antonio, TX, for Appellant Attorney.

Jonathan D. Baughman , Christopher Lance Halgren , McGinnis, Lochridge & Kilgore, LLP, Houston, TX, for Appellee Attorney.

Sitting: SANDEE BRYAN MARION, Justice MARIALYN BARNARD, Justice LUZ ELENA D. CHAPA, Justice.


OPINION

Opinion by LUZ ELENA D. CHAPA, Justice.

In this appeal, we must construe a 1950 warranty deed to determine the nature and size of the royalty interest retained by the grantors. The trial court rendered summary judgment in favor of the Prochaskas, who are the appellees and heirs of the grantors, and ruled they own a "floating" one-half royalty interest. The Regmunds, who are the appellants and heirs of the grantees, contend the trial court misconstrued...

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