Segundo Navarro Drilling, Ltd., Lewis Petro Properties, Inc. and BP America Production Company v. Juan Salinas Ranch, Ltd.

• Court: Court of Appeals of Texas
• Decided: November 17, 2020
• Docket: 04-20-00393-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas November 17, 2020

No. 04-20-00393-CV

SEGUNDO NAVARRO DRILLING, LTD., Lewis Petro Properties, Inc. and BP America Production Company, Appellants

v.

JUAN SALINAS RANCH, LTD., Appellee

From the 111th Judicial District Court, Webb County, Texas Trial Court No. 2013CV7000614D2 Honorable Monica Z. Notzon, Judge Presiding

ORDER

The court has considered appellants’ petition for a permissive appeal of an interlocutory summary judgment order, appellee’s response, and appellants’ reply, as well as the appellate record. We conclude that the order to be appealed (1) involves a controlling question of law as to which there is substantial ground for difference of opinion, to wit: “whether the Lease is perpetuated through production in paying quantities as a matter of law irrespective of whether a breach of Article VI of the Lease occurred,” and (2) an immediate appeal from the order may materially advance the ultimate termination of the litigation. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d); see also TEX. R. APP. P. 28.3. Accordingly, we GRANT appellants’ petition for permission to appeal from the trial court’s interlocutory order signed on July 21, 2020 with respect to the designated question of law. A notice of appeal is deemed to have been filed by appellants on the date of this order and the appeal will proceed as an accelerated appeal. See TEX. R. APP. P. 28.3(k).

The motions for extension of time by appellants to file the petition for permissive appeal and by appellee to file a response, and the motion for leave by appellee to file an amended response are GRANTED. See TEX. R. APP. P. 28.3(d).

The Clerk of this Court is instructed to file a copy of this order with the District Clerk of Webb County, Texas, and to serve a copy of this order on the trial court, the court reporter, and counsel for all parties. See TEX. R. APP. P. 28.3(k). The appellants’ brief is due to be filed in this court no later than twenty (20) days from the date of this order.

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of November, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court