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DEVON ENERGY PRODUCTION CO. v. ENPLAT II

No. 08-21-00217-CV.

677 S.W.3d 1 (2023)

DEVON ENERGY PRODUCTION COMPANY, LP, Eastland Oil Co., Spinnaker Investments, LP, Callon (Permian) LLC f/k/a Carrizo (Permian) LLC, Tilden Capital Minerals, LLC, Pegasus Resources, LLC, the Woodlands Venture Capital Company, MAP2009-OK, Journey Oil & Gas, Inc., Easco, LLC, Terry Jennings, as Trustee of the TJS Trust, Walker Royalty, LP, Beverly Gay Nichols, Gregory P. Miller, Boyd D. McMillan and Delfina L. McMillan, Appellants, v. ENPLAT II, LLC, Platform II, LLC and Simmons Bank f/k/a Southwest Bank, Management, Appellees.

Court of Appeals of Texas, El Paso.

January 23, 2023.

Attorney(s) appearing for the Case

P. Keith Staubus , for Appellee Simmons Bank f/k/a Southwest Bank, Management.

Derek Montgomery , Midland, for Appellant Devon Energy Production Company, LP, Eastland Oil Co., Spinnaker Investments, LP, Callon (permian) LLC f/k/a Carrizo (Permian) LLC, Tilden Capital Minerals, LLC, Pegasus Resources, LLC and The Woodlands Venture Capital Company.

Henry J. Paoli , El Paso, Reagan Marble , San Antonio, for Appellee Enplat II, LLC and Platform II, LLC.

Samuel J. Stennis , Midland, for Appellant Map2009-OK, Journey Oil & Gas, Inc., Easco, LLC and Terry Jennings, as Trustee of the TJS Trust.

James Patrick Murphy , Houston, for Appellant Walker Royalty, LP, Beverly Gay Nichols and Gregory P. Miller.

W. Clayton Gaston , Midland, for Appellant Boyd D. McMillan and Delfina L. McMillan.

Before Rodriguez, C.J., Soto, J., and Marion, C.J. (Ret.), Marion, C.J. (Ret.) sitting by assignment.

OPINION

In this appeal, we are asked to construe the terms of a 1940 deed to determine whether the grantors reserved a 1/16th fixed royalty interest or a 1/16th non-executive mineral interest when conveying a particular tract of property. Appellants argue the trial court erred in finding that...

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