Martha Mahaffey Butler and Charles E. Ezell v. Dave R. Horton, James A. Durda, Julia A. Durda, Terry L. Naumann, Frances R. Naumann, and I-35 Sand Pit, Inc.

Court of Appeals of Texas

Martha Mahaffey Butler and Charles E. Ezell v. Dave R. Horton, James A. Durda, Julia A. Durda, Terry L. Naumann, Frances R. Naumann, and I-35 Sand Pit, Inc.

DecidedOctober 16, 2014

Docket11-12-00303-CV

StatusPublished

This text of Martha Mahaffey Butler and Charles E. Ezell v. Dave R. Horton, James A. Durda, Julia A. Durda, Terry L. Naumann, Frances R. Naumann, and I-35 Sand Pit, Inc. (Martha Mahaffey Butler and Charles E. Ezell v. Dave R. Horton, James A. Durda, Julia A. Durda, Terry L. Naumann, Frances R. Naumann, and I-35 Sand Pit, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Martha Mahaffey Butler and Charles E. Ezell v. Dave R. Horton, James A. Durda, Julia A. Durda, Terry L. Naumann, Frances R. Naumann, and I-35 Sand Pit, Inc., (Tex. Ct. App. 2014).

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Opinion

11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT

Martha Mahaffey Butler and * From the 18th District Charles E. Ezell, Court of Johnson County, Trial Court No. C201000055.

Vs. No. 11-12-00303-CV * October 16, 2014

Dave R. Horton et al., * Opinion by Wright, C.J. (Panel consists of: Wright, C.J., Willson, J., and Bailey, J.)

This court has inspected the record in this cause and concludes that there is error in the judgment below. Therefore, in accordance with this court’s opinion, we reverse the judgment of the trial court, and we render judgment that Martha Mahaffey Butler and Charles E. Ezell are the owners of a one-half fraction of royalty interest and are entitled to receive one-half of the royalty as provided for in any oil, gas, and other mineral leases that cover the property in question. The costs incurred by reason of this appeal are taxed against Dave R. Horton; Elizabeth J. Lee, independent executrix of the Estate of James A. Durda, deceased; Julia A. Durda; Frances R. Naumann; Frances R. Naumann as independent executrix of the Estate of Terry L. Naumann; Finis Shipman, Jr.; and Karen K. Shipman.

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11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT

Martha Mahaffey Butler and * From the 18th District Charles E. Ezell, Court of Johnson County, Trial Court No. C201000055.

Vs. No. 11-12-00303-CV * October 16, 2014

Dave R. Horton et al., * Opinion by Wright, C.J. (Panel consists of: Wright, C.J., Willson, J., and Bailey, J.)

This court has inspected the record in this cause and concludes that there is error in the judgment below. Therefore, in accordance with this court’s opinion, we reverse the judgment of the trial court, and we render judgment that Martha Mahaffey Butler and Charles E. Ezell are the owners of a one-half fraction of royalty interest and are entitled to receive one-half of the royalty as provided for in any oil, gas, and other mineral leases that cover the property in question. The costs incurred by reason of this appeal are taxed against Dave R. Horton; Elizabeth J. Lee, independent executrix of the Estate of James A. Durda, deceased; Julia A. Durda; Frances R. Naumann; Frances R. Naumann as independent executrix of the Estate of Terry L. Naumann; Finis Shipman, Jr.; and Karen K. Shipman.

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Martha Mahaffey Butler and Charles E. Ezell v. Dave R. Horton, James A. Durda, Julia A. Durda, Terry L. Naumann, Frances R. Naumann, and I-35 Sand Pit, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/martha-mahaffey-butler-and-charles-e-ezell-v-dave-r-horton-james-a-texapp-2014.