San Miguel Electric Cooperative, Inc. v. Lee Franklin Lively, Arthur Wayne Swaim, Robert Murray Swaim, Bobbie Swaim, Rodney and Bobbie Swaim Family Limited Partnership & Shorty Investments, Ltd.

Fourth Court of Appeals
San Antonio, Texas
JUDGMENT
No. 04-24-00383-CV

SAN MIGUEL ELECTRIC COOPERATIVE, INC.,
Appellant

v.

Lee Franklin LIVELY, Arthur Wayne Swaim, Robert Murray Swaim, Bobbie Swaim, Rodney
and Bobbie Swaim Family Limited Partnership & Shorty Investments, Ltd.,
Appellees

From the 156th Judicial District Court, McMullen County, Texas
Trial Court No. M-22-0027-CV-B
Honorable Janna K. Whatley, Judge Presiding

BEFORE JUSTICE VALENZUELA, JUSTICE SPEARS, AND JUSTICE MEZA

In accordance with this court’s opinion of this date, the trial court’s order is REVERSED.
Judgment is RENDERED and we declare that the 1931 deed’s reservation of “all coal” included
the rights to lignite. This case is REMANDED to the trial court for further proceedings consistent
with this court’s opinion. Costs are assessed against appellees.

SIGNED October 22, 2025.

_____________________________
Velia J. Meza, Justice