YOWELL v. GRANITE OPERATING CO.

No. 18-0841.

620 S.W.3d 335 (2020)

Tommy YOWELL, et al., Petitioners, v. GRANITE OPERATING COMPANY and Apache Corporation, et al., Respondents.

Supreme Court of Texas.

OPINION DELIVERED: May 15, 2020.

Rehearing Denied October 9, 2020.


Attorney(s) appearing for the Case

Joe W. Hayes , John T. Smithee , Amarillo, for Petitioners.

Kerri L. Stampes , Dallas, Thomas C. Riney , Amarillo, Joni Paul , for Respondents Peyton Holdings Corporation, Peyton Royalties, L.P., Bailey Peyton.

Thomas A. Zabel , Houston, Ronald D. Nickum , Amarillo, John Jackson Smither , Nancy Hahn Elliott , for Respondents Cattalo, Ltd., Mesa Oil & Gas Corporation, PAC Production Company.

Ryan D. Clinton , Austin, John A. "Jad" Davis Jr. , Houston, John Ben Blanchard , for Respondents Granite Operating Company (formerly Upland), Apache Corporation.

Danica Lynn Milios , Austin, for Amicus Curiae Texas Oil and Gas Association.


This dispute over the continuing validity of an interest in a mineral lease requires us to decide issues regarding the rule against perpetuities, the scope of an indemnity agreement, and recovery of appellate attorneys' fees. Among the two petitions, there are four issues presented: (1) whether a...

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