Pennzoil Exploration and Production Company, Pennzoil Producing Company, Sanchez-O'Brien Oil & Gas Company and John M. Robinson v. Concord Oil Company and Crenshaw Royalty Corporation--Appeal from 49th Judicial District Court of Zapata County

No. 04-98-01057-CV
PENNZOIL EXPLORATION AND PRODUCTION COMPANY;
Pennzoil Producing Company; Sanchez-O'Brien Oil & Gas Company; and John M. Robinson,
Appellants
v.
CONCORD OIL COMPANY and Crenshaw Royalty Corp.,
Appellees
From the 49th Judicial District Court, Zapata County, Texas
Trial Court No. 2,829
Honorable Manuel Flores, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Karen Angelini, Justice

Delivered and Filed: December 8, 1999

MOTION FOR REHEARING GRANTED; AFFIRMED IN PART; REVERSED AND REMANDED IN PART

The parties' joint motion for rehearing is granted; this court's opinion and judgment of October 13, 1999, are withdrawn and this opinion and judgment are substituted in its place.

This case initially involved a suit over title to a particular mineral interest. The Texas Supreme Court ultimately decided the issues of title and damages. See Concord Oil Co. v. Pennzoil Exploration and Production Co., 966 S.W.2d 451 (Tex. 1998). Upon entering judgment pursuant to the supreme court's mandate, the trial court awarded post-judgment interest to appellees, and appellant's appealed. The parties now indicate that they have entered into a settlement agreement. The settlement agreement apparently relies on the supreme court's decision regarding title and damages and settles the issue of post-judgment interest.

Accordingly, as far as the trial court's judgment conforms to the supreme court's mandate in Concord Oil Co. v. Pennzoil Exploration and Production Co., 966 S.W.2d 451 (Tex. 1998), the judgment is affirmed; the remainder of the judgment is reversed and remanded for entry of a modified judgment in conformity with the parties' settlement agreement on the issue of post-judgment interest.

PER CURIAM

DO NOT PUBLISH