Opinion
No. 04-15-00677-CV
02-29-2016
MZYK, KARNES S4 MINERALS, L.P., and Karnes S4 Management, L.L.C., Appellants v. MURPHY EXPLORATION & PRODUCTION COMPANY-USA, Appellee
From the 81st Judicial District Court, Karnes County, Texas
Trial Court No. 14-04-00083-CVK
Honorable Donna S. Rayes, Judge Presiding
ORDER
On December 2, 2015, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction because it appeared from the record that the trial court had not disposed of all of appellees' counterclaims. Appellant filed a response asking that we clarify "the issues or claims that the Court believes have not yet been resolved." In the trial court, appellees requested that the trial court declare "the Lease expired on March 2, 2014." "In certain instances . . . a defensive declaratory judgment may present issues beyond those raised by the plaintiff." BHP Petroleum Co. Inc. v. Millard, 800 S.W.2d 838, 841-42 (Tex. 1990) (citing Winslow v. Acker, 781 S.W.2d 322, 328 (Tex. App.—San Antonio 1989, writ denied)) (holding that a defensive counterclaim that "would have the effect of defining the obligations of the parties under that contract for the foreseeable future" stated a claim for affirmative relief). Although the trial court granted appellees partial summary judgment on some of their requests for declaratory relief, it appears from the record appellees did not move for summary judgment on their affirmative request that the lease expired and the trial court did not sign an order declaring whether or when the lease terminated. It therefore appears the trial court has not disposed of appellees' affirmative claim for relief to effectively define the obligations of the parties under the contract. We order appellant to file a response within March 21, 2016 to show whether the trial court has actually disposed of appellees' counterclaim for declaratory relief that "the Lease expired on March 2, 2014.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court