Opinion
11-23-00207-CV
10-05-2023
THE THAGARD MINERAL PARTNERSHIP, LP, Appellant v. MICHAEL L. CASS ET AL., Appellees
On Appeal from the 238th District Court Midland County, Texas Trial Court Cause No. CV56133
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
On September 13, 2023, Appellant filed a petition for permissive appeal in this court. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d) (West Supp. 2022); Tex.R.App.P. 28.3. Appellant wishes to appeal the trial court's Order Amending Certain Interlocutory Orders, wherein the trial court incorporated interlocutory orders on motions for summary judgment and a motion for reconsideration and provided permission for the parties to seek interlocutory review. See Tex. R. Civ. P. 168. Appellees do not oppose an interlocutory appeal of the issues certified by the trial court in its order.
We find that Appellant has met the requirements for a permissive appeal under Section 51.014(d) of the Civil Practice and Remedies Code, Rule 28.3 of the Texas Rules of Appellate Procedure, and Rule 168 of the Texas Rules of Civil Procedure. Specifically, the trial court granted permission for the appeal of the interlocutory order, identified controlling questions of law as to which there is a substantial ground for difference of opinion, and explained why an immediate appeal may materially advance the ultimate termination of the litigation. See Tex. R. Civ. P. 168; see also Civ. Prac. & Rem. § 51.014(d); Tex.R.App.P. 28.3(d)(4). Furthermore, we agree with the trial court and the parties that the order to be appealed appears to involve two controlling questions of law as to which there is a substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation. See Civ. Prac. & Rem. § 51.014(d). Accordingly, we grant the petition for permissive appeal on the issues specified in the trial court's order. In its order, the trial court stated that the following issues are controlling questions of law in this case as to which there is a substantial ground for difference of opinion:
1. Whether the July 5, 1990 Assignment, Bill of Sale and Conveyance between Greg Thagard and Michael L. Cass, which has been filed among the real property records of Midland County, Texas, at volume 1050, pages 149-151, is unambiguous and unambiguously transferred to Michael L. Cass all right, title, and interest, including overriding royalties, that Greg Thagard had in Sections 32 and 41 of Block 38, T-4-S, T&P Ry. Co. Survey, Midland County, Texas.
2. Whether the July 24, 1990 Assignment, Bill of Sale and Conveyance between Michael L. Cass, Deborah Humphrey Cass, MLC Co., Inc., and Michael L. Cass Companys [sic], Inc. dba MLC Co., Inc (collectively referred to herein as "Assignors") and Plains Petroleum Operating Company, which has been filed among the real property records of Midland County, Texas at volume 1049, pages 555-577, unambiguously
transferred Assignors' entire mineral fee interest in all depths in Sections 32 and 41 of Block 38, T-4-S, T&P Ry. Co. Survey, Midland County, Texas to Plains Petroleum Operating Company.
We note that a related petition for permissive appeal was filed by Appellee Cass, a defendant and counter-plaintiff below, in 11-23-00208-CV. In an order we are issuing on the same date as the present order, we grant the petition for permissive appeal to address this second issue as set forth in the trial court's order.
Pursuant to Rule 28.3(k), Appellant's notice of appeal is deemed to have been filed under Rule 26.1(b) on the date of this order, October 5, 2023. See Tex. R. App. P. 26.1(b). The appeal will be governed by the rules applicable to accelerated appeals. See Tex. R. App. P. 28.3(k). The appellate record is due to be filed in this court within ten days after the date of this order. See Tex. R. App. P. 26.1(b), 35.1(b).