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DAVEN CORP. v. TARH E & P HOLDINGS, L.P.

No. 04-12-00827-CV.

441 S.W.3d 770 (2014)

DAVEN CORPORATION, Zalman Resources, Inc. and Sport Resources, Inc., Appellants/Cross-Appellees, v. TARH E & P HOLDINGS, L.P., Alexander Energy, and James W. Alexander, Trustee of the James W. Alexander Living Trust, Appellees/Cross-Appellants.

Court of Appeals of Texas, San Antonio.

July 23, 2014.

Attorney(s) appearing for the Case

Philip D. Mockford , Jackson Walker L.L.P., Austin, TX, Matthew D. Bradley , San Antonio, TX, for Appellants.

Patrick Jonas Kelly , Langley & Banack, Inc., Eagle Pass, TX, John Randolph Thompson III , Kelly Hart, and Hallman, Fort Worth, TX, Matthew David Stayton , Fort Worth, TX, for Appellees.

Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, REBECA C. MARTINEZ, Justice.

OPINION

Opinion by: REBECA C. MARTINEZ, Justice.

Beren1 appeals the trial court's judgment ordering a partition in-kind of mineral interests it jointly owns with TAR.2 In turn, TAR presents a conditional cross-appeal, to be considered only in the event this court reverses the partition, challenging the trial court's finding that a 1970 Joint Operating Agreement is not binding on the parties. We affirm...

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