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438 S.W.3d 723 *; 2014 Tex. App. LEXIS 5402 **; 180 Oil & Gas Rep. 1049
PNP PETROLEUM I, LP, PNP Management, Inc., Philip Zaccaria, and Cibolo Energy Operating, Inc., Appellants v. Edna Earnest TAYLOR, Elizabeth Earnest Herbst, and U.S. Enercorp, Ltd., Appellees
Subsequent History: Petition for review denied by Taylor v. PNP Petroleum I, L.P., 2015 Tex. LEXIS 406 (Tex., May 1, 2015)
Prior History: [**1] From the 81st Judicial District Court, Frio County, Texas. Trial Court No. 10-05-00167CVF. Honorable Donna S. Rayes, Judge Presiding.
Disposition: REVERSED AND RENDERED.
lease, trial court, reconsideration motion, summary judgment, shut-in, drafts, negotiations, paying quantities, sustaining, parties, royalty, terms of the lease, primary term, deletions, Lessee, expiration, ambiguous, exhibits, saving clause, hearsay, partial summary judgment, capable of producing, parol evidence rule, leased premises, trial court's ruling, circumstances, producing, stricken, surrounding circumstances, oil and gas lease
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Appeals, Summary Judgment Review, Standards of Review, Standards of Review, De Novo Review, Motions for Summary Judgment, Cross Motions, Judgments, Relief From Judgments, Altering & Amending Judgments, Evidentiary Considerations, General Overview, Appealability, Opposing Materials, Timing of Motions & Responses, Constitutional Law, Fundamental Rights, Procedural Due Process, Scope of Protection, Pleading & Practice, Motion Practice, Appellate Briefs, Reviewability of Lower Court Decisions, Preservation for Review, Abuse of Discretion, Evidence, Burdens of Proof, Allocation, Admissibility, Procedural Matters, Rulings on Evidence, Contracts Law, Contract Interpretation, Ambiguities & Contra Proferentem, Parol Evidence, Intent, Relevance, Relevant Evidence, Types of Contracts, Lease Agreements, Questions of Fact & Law, Hearsay, Rule Components, Truth of Matter Asserted, Energy & Utilities Law, Leases & Licenses, Custom & Usage, Shut In Royalty Clauses