YOWELL v. GRANITE OPERATING CO.

No. 07-17-00112-CV.

557 S.W.3d 794 (2018)

Tommy YOWELL; Gail Yowell; Harry Graff; El Tercio, LLC; and Casuarina Investments, LLC (d/b/a LAR Resources, LLC), Appellants v. GRANITE OPERATING COMPANY and Apache Corporation, and PAC Production Co.; Mesa Oil & Gas Corp.; and Cattalo, Ltd., Appellees and Granite Operating Company and Apache Corporation, Appellants v. Peyton Royalties, L.P.; Bailey Peyton, Individually and as Trustee of the George Bailey Peyton, IV 2007 Grantor Retained Annuity Trust No. 1; and Peyton Holdings Corp., Appellees.

Court of Appeals of Texas, Amarillo.

July 26, 2018.


Attorney(s) appearing for the Case

John Smithee , Amarillo, for Appellees El Tercio, LLC, Casuarina Investments, LLC, Yowell, Gail , Graff, Harry.

Thomas C. Riney , Amarillo, for Appellees Peyton Holdings Corporation, Peyton, Bailey.

John Smither , Thomas A. Zabel , Nancy H. Elliott , Houston, for Appellees PAC Production Company, Mesa Oil & Gas Corporation, Cattalo, Ltd.

Kerri L. Stampes , Dallas, Thomas C. Riney , Amarillo, for Appellees Peyton Royalties, L.P.

John Smithee , Joe W. Hayes , Amarillo, for Appellees Yowell, Tommy.

Adam T. Blanchard , Ryan D. Clinton , Austin, John A. "Jad" Davis , John Ben Blanchard , for Appellants. Granite Operating Company.

John A. "Jad" Davis , Ryan D. Clinton , Austin, for Appellants Apache Corporation.

Before CAMPBELL and PIRTLE and PARKER, JJ.


OPINION

This is a multi-party appeal in a multi-issue oil and gas case. The trial court determined that an "anti-washout" provision in a mineral assignment did not extend an overriding royalty interest to new leases. The court also determined that a stock purchase and sale agreement did not require the sellers...

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