Wendell Reeder v. Wood County Energy, LLC Wood County Oil & Gas, Ltd. Nelson Operating, Inc. Dekrfour, Inc. Bobby Noble Exzena Oil Corporation David Fry and Patricia Fry

• Court: Texas Supreme Court
• Decided: March 29, 2013
• Docket: 10-0887
• Status: Published

Opinion

IN THE SUPREME COURT OF TEXAS 444444444444 NO . 10-0887 444444444444

WENDELL REEDER, PETITIONER, v.

WOOD COUNTY ENERGY, LLC, WOOD COUNTY OIL & GAS, LTD., NELSON OPERATING, INC., DEKRFOUR, INC., BOBBY NOBLE, EXZENA OIL CORPORATION, DAVID FRY, AND PATRICIA FRY, RESPONDENTS

4444444444444444444444444444444444444444444444444444 ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE TWELFTH DISTRICT OF TEXAS 4444444444444444444444444444444444444444444444444444

SUPPLEMENTAL PER CURIAM ON MOTION FOR REHEARING OF CAUSE

In their motion for rehearing, respondents contend that this Court’s judgment improperly

reversed portions of the trial court’s judgment that petitioner did not challenge and we did not

address. We agree. For the reasons explained in our opinion issued August 31, 2012, the trial court

erred in entering judgment for respondents on their claims governed by the joint operating

agreement. But petitioner did not challenge the portion of the judgment awarding $7,500 plus $7,500

in associated attorney’s fees to Patricia Fry or the portion granting declaratory relief and awarding

$55,000 in associated attorney’s fees to respondents. We therefore grant the motion for rehearing,

withdraw our judgment dated August 31, 2012, and issue a new judgment that affirms those portions of the trial court’s judgment and reverses and renders a take-nothing judgment on the remaining

claims.

OPINION DELIVERED: March 29, 2013