Perdido Properties LLC, on Behalf of and as Attorney-In-Fact for Paul H. Bremer, Jr. and Leon C. Smitherman, Jr. v. Devon Energy Production Company, L.P. ( 2023 )

11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT Perdido Properties LLC, on behalf of * From the 358th District Court and as Attorney-in-Fact for of Ector County, Paul H. Bremer, Jr. and Trial Court No. B-17-10-1187-CV. Leon C. Smitherman, Jr. Vs. No. 11-21-00060-CV * May 18, 2023 Devon Energy Production * Opinion by Bailey, C.J. Company, L.P., et al., (Panel consists of: Bailey, C.J., Wright, S.C.J., sitting by assignment and Marion, S.C.J., sitting by assignment) (Trotter, J., and Williams, J., not participating) This court has inspected the record in this cause and concludes that there is error in the judgment below. The trial court’s summary judgment in favor of Devon Energy Production Company, L.P., et al. on Leon C. Smitherman Jr.’s claim for unpaid royalties for production occurring after October 2013 and Paul H. Bremer Jr.’s claim for unpaid royalties is reversed, and this cause is remanded for further proceedings. The remainder of the trial court’s summary judgment—with the exception of its disposition of Devon’s cross-claim and counterclaim—is affirmed. The costs incurred by reason of this appeal are taxed 75% against Devon Energy Production Company, L.P., et al. and 25% against Perdido Properties LLC, on behalf of and as Attorney-in-Fact for Paul H. Bremer, Jr. and Leon C. Smitherman, Jr.