Petty v. Winn Exploration Co.

816 S.W.2d 432, 117 Oil & Gas Rep. 359, 1991 Tex. App. LEXIS 1788, 1991 WL 129731
CourtCourt of Appeals of Texas
DecidedApril 24, 1991
DocketNo. 04-90-00567-CV
StatusPublished
Cited by8 cases

This text of 816 S.W.2d 432 (Petty v. Winn Exploration Co.) 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.

Bluebook
Petty v. Winn Exploration Co., 816 S.W.2d 432, 117 Oil & Gas Rep. 359, 1991 Tex. App. LEXIS 1788, 1991 WL 129731 (Tex. Ct. App. 1991).

Opinions

ON APPELLEE’S MOTION FOR REHEARING and ON APPELLANT’S AND APPELLEE’S MOTION FOR EN BANC CONSIDERATION

CHAPA, Justice.

The rehearing is granted, the motions for en banc consideration denied, the majority opinion issued on December 26, 1990 is withdrawn, and the following opinion is substituted as the majority opinion of this court.

This is an appeal from an interlocutory temporary injunction court order granted in favor of Winn Exploration Company (hereinafter “Winn”). The temporary injunction prohibits Scott Petty, Jr. (hereinafter “Petty”), the owner of the surface and a portion of the minerals in the land involved, from interfering with Winn’s use of an easement to gain access to lands for development of oil and gas.

The dispositive issue is whether the trial judge abused his discretion in granting the temporary injunction. The dissent would provide a legal interpretation of the numerous documents involved here in such a way that the merits of the case would be finally decided as a matter of law. We disagree.

In Davis v. Huey, 571 S.W.2d 859 (Tex.1978), the Texas Supreme Court stated:

The appeal of an order granting or denying a temporary injunction is an appeal from an interlocutory order, which is expressly authorized by Article 4662, Texas Revised Civil Statutes Annotated. Accordingly, the merits of the underlying case are not presented for appellate review. Appellate review of an order granting or denying a temporary injunction is strictly limited to determination of whether there has been a clear abuse of discretion by the trial court in granting or denying the interlocutory order. [Citations omitted.]
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On appeal the reviewing court is limited in its consideration as to whether the trial court abused its discretion in making the foregoing determination. The appellate court may not substitute its judgment for that of the trial court. [Citations omitted.] An abuse of discretion does not exist where the trial court bases its decisions on conflicting evidence....

Id. at 861-862.

“It is the settled law in this State that the propriety of a temporary injunction against interference with an easement does not depend on the ultimate merits of the controversy regarding the existence vel non of the easement, and that the question upon appeal from a pendente lite injunctive order is whether the trial judge abused his discretion in preserving the status quo as of the date on which controversy arose.” Richter v. Hickman, 243 S.W.2d 466, 468 (Tex.Civ.App.—Galveston 1951, no writ). In an easement temporary injunction appeal, “[t]he controlling question presented is whether the evidence disclosed a bona fide dispute as to the existence of an easement.” Egan v. Woodell, 720 S.W.2d 169, 171 (Tex.App.—San Antonio 1986, writ ref’d n.r.e.).

In Sun Oil Co. v. Whitaker, 483 S.W.2d 808 (Tex.1972), the Texas Supreme Court stated:

The oil and gas lessee’s estate is the dominant estate and the lessee has an implied grant, absent an express provision for payment, of free use of such part and so much of the premises as is reasonably necessary to effectuate the purposes of the lease, having due regard for the rights of the owner of the surface estate. [Citations omitted.] The rights implied from the grant are implied by law in all conveyances of the mineral estate and, absent an express limitation thereon, are not to be altered by evidence that the parties to a particular instru[434]*434ment of conveyance did not intend the legal consequences of the grant.

Id. at 810-811.

“[T]he mineral lessee, holds the dominant estate, and as such has the right of ingress and egress upon the land for exploration and production of oil and gas”, and the surface owner cannot “unreasonably interfere[ ] with the rights of ... the mineral lessee.” Ball v. Dillard, 602 S.W.2d 521, 528 (Tex.1980). The term “subject to” in a mineral transaction is “a limiting clause, and a qualifying term” which “mean[s] ‘subordinate to,’ ‘subservient to’ or ‘limited by’ ” and serves to incorporate the “subject to” documents. Cockrell v. Texas Gulf Sulphur Co., 157 Tex. 10, 299 S.W.2d 672, 676 (Tex.1956). In construing such documents, “all parts of the [documents] must be given effect if possible to do so without violating any legal principles ... so as to give effect to all parts thereof and ... harmonize all provisions therein and not strike down any part of the deed unless there is an irreconcilable conflict.” Id. at 676.

At the outset of the hearing before the trial court, appellee contended that the easement dispute involved the 1970 Glasscock Lease, 1971 Glasscock-A Lease (Meridian Farm-Out to Winn), Howett Lease, Bourge-Johnson Lease, GLG Leases, Petty Leases, Booth Leases, and Dobbins Leases. The appellant countered that the merits of the case were not at issue, and, therefore, the only relevant leases were the 1970 and 1971 Glasscock Leases and the Howett-Johnson Lease. All the mentioned leases, as well as correspondence and written memos of alleged agreements between representatives of Winn and Petty, and the Right of Way agreement between Winn and Petty which resulted in the building of the $150,000.00 Winn Road, were introduced into evidence.1

Although the facts were somewhat in dispute, evidence was presented that indicated that in 1970, Leta Glasscock, who at the time apparently owned all the land involved in the relevant leases in question, entered into a mineral lease with Winn known as the 1970 Glasscock Lease, which provided, in relevant part, as follows:

Lessor, ... does hereby grant, lease and let unto lessee the land covered hereby for the purposes and with the exclusive right of exploring, drilling, mining and operating for, producing and owning oil, gas, sulphur and all other minerals (whether or not similar to those mentioned), together with the right to make surveys on said land, lay pipe lines, establish and utilize facilities for surface or subsurface disposal of salt water, construct roads and bridges, dig canals, build tanks, power stations, telephone lines, and other structures on said land, necessary or useful in lessee’s operations in exploring, drilling for, producing, treating, storing and transporting minerals produced from the land covered hereby or any other land adjacent thereto.

It is uncontradicted that the 1971 Glas-scock Lease, which eventually contained the Winn Glasscock A-l well, was adjacent to the 1970 Glasscock Lease and was also owned by Leta J. Glasscock at the time the 1970 Glasscock Lease was executed. Winn obtained an agreement with Glasscock permitting Winn a right of way off of the Loma Vista County Road, apparently across the Glasscock land, later known as the 1971 Glasscock Lease, adjacent to and north of the 1970 Glasscock Lease to gain access to the 1970 Glasscock Lease.

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816 S.W.2d 432, 117 Oil & Gas Rep. 359, 1991 Tex. App. LEXIS 1788, 1991 WL 129731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petty-v-winn-exploration-co-texapp-1991.