Hibernia Energy III, LLC v. Ferae Naturae, LLC ( 2022 )


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  •                                     COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    HIBERNIA ENERGY III, LLC,                           §               No. 08-21-00092-CV
    Appellant,          §                  Appeal from the
    v.                                                  §           112th Judicial District Court
    FERAE NATURAE, LLC,                                 §             of Reagan County, Texas
    Appellee.           §                  (TC# CV02322)
    JUDGMENT
    The Court has considered this cause on the record and concludes the trial court’s judgment
    should be affirmed in part and reversed and remanded in part. We affirm the trial court’s final
    judgment granting summary judgment on Appellee’s request to foreclose on its judgment lien on
    the Branch Lease, and its order directing the sale of Appellant’s interest in that lease. We remand
    the matter to the district court with directions to modify its final judgment and order of sale: (1) to
    reflect that Appellee has settled its dispute with TRP Midland, LLC; (2) to omit the language from
    the order of sale directing the sheriff or constable to execute on other property belonging to the
    judgment debtors in satisfaction of the underlying judgment;, and (3) to delineate the judgment
    debtors’ respective interests in the Branch Lease, to ensure that they receive the appropriate
    amount of credit on the underlying judgment to which they are entitled.
    We further order that Appellee recover from Appellant and its sureties, if any, for
    performance of the judgment and all costs of appeal, for which let execution issue. See
    TEX.R.APP.P. 43.5. This decision shall be certified below for observance.
    IT IS ORDERED THIS 20TH DAY OF DECEMBER, 2022.
    JEFF ALLEY, Justice
    Before Rodriguez, C.J., Palafox, and Alley, JJ.
    

Document Info

Docket Number: 08-21-00092-CV

Filed Date: 12/20/2022

Precedential Status: Precedential

Modified Date: 12/22/2022