The Mabee Ranch Royalty Partnership, L.P.; 315 MR, Inc.; 93 JM, Inc.; Rock River Minerals, LP; Primitive Petroleum, Inc.; Austen Campbell, Co-Executor of the Estate of William Scott Campbell; Janet Campbell, Co-Executor of the Estate of William Scott Campbell; Osado Properties, Ltd.; And Judith Guidera, Trustee of the Morrison Oil & Gas Trust v. Fasken Oil and Ranch, Ltd.; Fasken Land and Minerals, Ltd.; And Fasken Royalty Investments, Ltd.

11TH COURT OF APPEALS
EASTLAND, TEXAS
JUDGMENT

The Mabee Ranch Royalty Partnership, * From the 118th District Court
L.P.; 315 MR, Inc.; 93 JM, Inc.; Rock of Martin County,
River Minerals, LP; Primitive Petroleum, Trial Court No. 7481.
Inc.; Austen Campbell, co-executor of the
Estate of William Scott Campbell; Janet * December 5, 2024
Campbell, co-executor of the Estate of
William Scott Campbell; Osado Properties, * Opinion by Williams, J.
Ltd.; and Judith Guidera, trustee of the (Panel consists of: Bailey, C.J.,
Morrison Oil & Gas Trust, Trotter, J., and Williams, J.)

Vs. No. 11-23-00001-CV

Fasken Oil and Ranch, Ltd.; Fasken Land
and Minerals, Ltd.; and Fasken Royalty
Investments, Ltd.,

This court has inspected the record in this cause and concludes that there is
error in one of the judgments below. Therefore, in accordance with this court’s
opinion, we reverse the trial court’s Order on Summary Judgments of October 18,
2022 insofar as it denies the requests for summary judgment that were made by The
Mabee Ranch Royalty Partnership, L.P., 315 MR, Inc., 93 JM, Inc., Rock River
Minerals, LP, Primitive Petroleum, Inc., Austen Campbell, Co-Executor of the
Estate of William Scott Campbell, Janet Campbell, Co-Executor of the Estate of
William Scott Campbell, Osado Properties, Ltd., and Judith Guidera, Trustee of the
Morrison Oil & Gas Trust (“Mabee”) against Fasken Oil and Ranch, Ltd., Fasken
Land and Minerals, Ltd., and Fasken Royalty Investments, Ltd. (“Fasken”) arising
out of Fasken’s claims for breach of contract, and we render a partial, take-nothing
judgment on the same claims in favor of Mabee. We otherwise affirm
the summary judgments rendered by the trial court on September 20, 2021 and
October 18, 2022 insofar as they concern the issues that are the subject of this
interlocutory appeal, and we remand this matter to the trial court for further
proceedings consistent with this opinion. The costs incurred by reason of this
appeal are taxed 50% against Appellants and 50% against Appellees.