Moon Royalty, LLC v. Boldrick Partners d/b/a Statewide Minerals Co.--Appeal from 118th District Court of Howard County

Opinion filed October 25, 2007

In The

Eleventh Court of Appeals

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 No. 11-06-00226-CV

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 MOON ROYALTY, LLC, Appellant

V.

BOLDRICK PARTNERS D/B/A STATEWIDE MINERALS CO., Appellee

On Appeal from the 118th District Court

Howard County, Texas

Trial Court Cause No. 42,636

OPINION ON MOTION FOR REHEARING

Boldrick Partners d/b/a Statewide Minerals Co. has filed a motion for rehearing asking this court to reconsider our August 9, 2007 opinion. In that motion, Statewide argues that this court erred by considering extrinsic evidence to interpret documents that we found were unambiguous and fully integrated. Statewide bases this on language in our opinion where we wrote that the Arecord suggests@ that the Royston-Smith Unit #1-A Well is in Section 1, Block 21, T&P Survey, Fisher County, Texas.

Our comment was made in response to Statewide=s argument that it was impossible to determine what fractional interest the corrected assignments conveyed to Moon in the #1-A Well. As we indicated, Moon received whatever fractional interest the corrected assignment described for the tract upon which that well is located. Statewide itself represented to this court in its principal brief that the #1-A Well was in Fisher County. That brief included a Achain of title@ offered to show the court how the parties acquired their interest. Under the heading ARoyston-Smith Unit #1-A Well (Fisher County, TX),@ Statewide described three conveyances into itself. Two were in the Lawrence G.W. #330, Block 4 and included the Royston State Well. The third was from Craig A. Jordan; covered Section 1, Block 21, T&P Survey; and included the Royston-Smith #1 Well.[1] The similarity of names suggested to us that the Royston-Smith #1 Well and the Royston-Smith #1-A Well were in the same tract. Our comment was intended as illustrative and merely described what interest Moon received if the #1-A Well is in Section 1, Block 21. It is not a holding that the #1-A Well is in Section 1, Block 21.

Statewide=s motion is overruled.

RICK STRANGE

JUSTICE

October 25, 2007

Panel consists of: Wright, C.J.,

Strange, J., and Hill, J.[2]

[1]The conveyances described by Statewide in its brief can be found at pages 126, 128, and 130 of the clerk=s record.

[2]John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth sitting by assignment.