Supreme Court

Case: 18-0841    
18-0841
09/06/2018
Second Petition for Review/Cause under Rule 53.1
TOMMY YOWELL, GAIL YOWELL, HARRY GRAFF, EL TERICO, LLC AND CASUARINA INVESTMENTS, LLC (D/B/A LAR RESOURCES, LLC) 
GRANITE OPERATING COMPANY AND APACHE CORPORATION, ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/09/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Oil and Gas Association submitted by Danica L. Milios of Jackson Walker LLP of Austin, Texas.
07/31/2020Motion for Rehearing for pet #2 Petitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Granite Operating Company, et al.
07/29/2020Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of PAC Production Company, et al.
01/22/2020Response to Amicus Curiae Brief filedPetitioner Response to Amicus Brief of Texas Oil and Gas Association filed on behalf of Tommy Yowell, et al.
01/16/2020Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Tommy Yowell, et al.
01/13/2020Post submission brief filedEvent related to subsequent petition filed in case. Post-Submission Letter Brief filed on behalf of Granite Operating, Co., et al.
01/13/2020Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of the PAC Group.
01/08/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Texas Oil and Gas Association submitted by Danica L. Milios of Jackson Walker, LLP of Austin, Texas.
01/07/2020Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Peyton Royalties, L.P., et al.
01/03/2020Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Tommy Yowell, et al.
08/16/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Tommy Yowell, et al.
07/18/2019Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Granite Operating Co., et al.
07/18/2019Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of PAC Group.
06/04/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Granite Operating Co., et al.
05/29/2019Brief on the MeritsPetitioner Petititoner's Brief on the Merits filed on behalf of Tommy Yowell, et al.
05/20/2019Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Peyton Royalties, LP, et al.
04/29/2019Brief on the MeritsEvent related to subsequent petition filed in case. Petitioners' Brief on the Merits filed on behalf of Granite Operating Co. and Apache Corp.
03/07/2019Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Tommy Yowell, et al.
02/06/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of PAC Production Company, Mesa Oil & Gas Corporation and Cattalo, Ltd.
02/05/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of Granite Operating Co. and Apache Corp.
01/07/2019Response to PetitionRespondent Response to Petitions for Review filed on behalf of Peyton Royalties, L.P., et al.
10/05/2018Petition for Review #2Petitioner Cross Petition for Review filed on behalf of Counsel for Granite Operating Company and Apache Corporation.
09/06/2018Petition for ReviewPetitioner Petition for Review filed on behalf of Tommy Yowell, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2019Miscellaneous motion disposed. See Remarks.Filing granted Joint Motion to Modify and Extend Time Allotted for Oral Argument granted.  Time allotted to argue: 30/30 minutes.
12/10/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Granite operating, Co., et al. Argument to be presented by Ryan Clinton of Davis, Gerald & Cremer in Austin, Texas.
12/09/2019Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. John J. Smither with Zabel Freeman of Houston, Texas, filed on behalf of PAC Production Company, et al.
12/07/2018Supreme Court of Texas Requested Response  Requested responses to both petitions for review due no later than January 7, 2019.
11/21/2019Motion for extension of time to argue. See remarks  Joint Motion to Modify and Extend Time Allotted for Oral Argument filed on behalf of Tommy Yowell, et al.
11/15/2019Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Thomas C. Riney with Riney & Mayfield LLP of Amarillo, Texas, filed on behalf of Peyton Royalties, L.P., et al.
11/06/2019Call received  Call received from respondent regarding oral argument.
11/06/2018Case forwarded to Court 
11/06/2018Case forwarded to Court 
10/30/2020Mandate issued  Mandate & Cost Bill Issued
10/15/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission form filed on behalf of Tommy Yowell, et al. Oral Argument will be presented by John Smithee of Templeton, Smithee, Hayes, Heinrich & Russell, LLP in Amarillo, Texas.
10/10/2018Response Waiver filed  Response Waiver to Granite Operating Company's and Apache Corporation's Petition for Review filed on behalf of Tommy Yowell, Gail Yowell, Harry Graff, El Terico, LLC and Casuarina Investments, LLC (d/b/a Lar Resources, LLC).
10/09/2020Corrected opinion  The Court's opinion issued May 15, 2020 is modified. Correction made to page 2, 2nd paragraph, 3rd line.
(10/9/2020 9:08:45 AM) 180841cx.pdf
10/09/2020Motion for Rehearing - DisposedDenied
10/09/2020Motion for Rehearing - DisposedDenied
10/08/2018Response Waiver filed  Response Waiver filed on behalf of Bailey Peyton, et al.
10/05/2018Response Waiver filed  Response Waiver filed on behalf of Granite Operating Company and Apache Corporation.
10/05/2018Petition for Review #2  Cross Petition for Review filed on behalf of Counsel for Granite Operating Company and Apache Corporation.
10/04/2019Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 9, 2020.  Time allotted to argue: 20/20 minutes.
10/04/2019Petition for Review disposedFiling granted
10/04/2019Petition for Review granted 
10/04/2019Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 9, 2020.  Time allotted to argue: 20/20 minutes.
10/04/2019Petition for Review disposedFiling granted
10/04/2019Petition for Review granted 
10/03/2018Response Waiver filed  Response Waiver filed on behalf of PAC Production Company, Mesa Oil & Gas Corporation and Cattalo, Ltd.
09/09/2020Amicus Curiae Brief received  Amicus Curiae Brief of Texas Oil and Gas Association submitted by Danica L. Milios of Jackson Walker LLP of Austin, Texas.
09/06/2018Petition for Review  Petition for Review filed on behalf of Tommy Yowell, et al.
09/06/2018Court reporter/recorder's record 
09/06/2018Supplement to Clerk's/Reporter's Record 
09/06/2018Clerk's Record 
09/06/2018Supplement to Clerk's/Reporter's Record 
09/03/2020Letter Filed  Letter regarding intent to file Amicus Brief filed on behalf of Texas Oil and Gas Association.
08/16/2019Reply Brief  Reply Brief on the Merits filed on behalf of Tommy Yowell, et al.
08/01/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Briefs are due August 16, 2019.
07/31/2020Case forwarded to Court 
07/31/2020Motion for Rehearing for pet #2   Motion for Rehearing filed on behalf of Granite Operating Company, et al.
07/31/2019Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief filed on behalf of  Tommy Yowell, et al.
07/29/2020Case forwarded to Court 
07/29/2020Motion for Rehearing  Motion for Rehearing filed on behalf of PAC Production Company, et al.
07/29/2019Letter Filed  Letter filed on behalf of Granite Operating Company, et al. adopting the arguments of PAC Group's Response Brief on the Merits.
07/18/2019Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Granite Operating Co., et al.
07/18/2019Brief on the Merits  Respondent's Brief on the Merits filed on behalf of PAC Group.
06/24/2020Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing due July 31, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
06/24/2020Motion for Extension of Time to File Motion for Rehearing  Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Granite Operating Company, et al.
06/13/2019Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Response Brief on the Merits is granted. Response brief is due July 18, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due August 2, 2019.
06/13/2019Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Granite Operating Company and Apache Corporation.
06/13/2019Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Response Brief on the Merits is granted. Response brief is due July 18, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due August 2, 2019.
06/13/2019Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of the PAC Group.
06/04/2019Reply Brief  Reply Brief on the Merits filed on behalf of Granite Operating Co., et al.
05/29/2019Brief on the Merits  Petititoner's Brief on the Merits filed on behalf of Tommy Yowell, et al.
05/28/2020Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing is due July 1, 2020.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/27/2020Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Granite Operating Company, et al.
05/20/2019Brief on the Merits  Response Brief on the Merits filed on behalf of Peyton Royalties, LP, et al.
05/15/2020Supreme Court of Texas Orders Issued 
05/15/2020Court approved judgment sent to attorneys of recordIssued
05/15/2020Opinion issuedIssued
05/15/2020Opinion issuedCourt of Appeals' judgment affirm and reverse in part; remand to court of appeals The Court affirms in part and reverses in part the court of appeals' judgment
and remands the case to that court.
Justice Busby delivered the opinion of the Court.
04/29/2019Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Granite Operating Co. and Apache Corp.
04/22/2019Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's brief is due May 29, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response brief is due June 18, 2019. Reply brief is due July 3, 2019.
04/22/2019Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Tommy Yowell, et al.
03/29/2019Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than April 29, 2019; Response brief due May 20, 2019; Reply brief due June 4, 2019.
03/07/2019Reply to Response  Reply in Support of Petition for Review filed on behalf of Tommy Yowell, et al.
02/21/2019MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply is due March 8, 2019.
02/21/2019Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of the Tommy Yowell, et al..
02/06/2019Response to Petition  Response to Petition for Review filed on behalf of PAC Production Company, Mesa Oil & Gas Corporation and Cattalo, Ltd.
02/05/2019Response to Petition  Response to Petition for Review filed on behalf of Granite Operating Co. and Apache Corp.
01/22/2020Response to Amicus Curiae Brief filed  Response to Amicus Brief of Texas Oil and Gas Association filed on behalf of Tommy Yowell, et al.
01/16/2020Post submission brief filed  Post-Submission Letter Brief filed on behalf of Tommy Yowell, et al.
01/13/2020Post submission brief filed  Post-Submission Letter Brief filed on behalf of Granite Operating, Co., et al.
01/13/2020Post submission brief filed  Post-Submission Letter Brief filed on behalf of the PAC Group.
01/09/2020Oral argument   Argued on behalf of petitioners by John Smithee; Argued on behalf of respondents, PAC Production Co., et al., by John J. Smither; Argued on behalf of respondents/petitioners Granite Operating Co., et al., by Ryan Clinton; Argued on behalf of respondents, Peyton Royalties, L.P., et al., by Thomas C. Riney
01/09/2020Oral argument   Argued on behalf of petitioners by John Smithee; Argued on behalf of respondents, PAC Production Co., et al., by John J. Smither; Argued on behalf of respondents/petitioners Granite Operating Co., et al., by Ryan Clinton; Argued on behalf of respondents, Peyton Royalties, L.P., et al., by Thomas C. Riney
01/08/2020Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Texas Oil and Gas Association submitted by Danica L. Milios of Jackson Walker, LLP of Austin, Texas.
01/07/2020Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Peyton Royalties, L.P., et al.
01/07/2019Response to Petition  Response to Petitions for Review filed on behalf of Peyton Royalties, L.P., et al.
01/07/2019Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review granted. Further requests for extensions of time will be disfavored. Response is due no later than February 6, 2019.
01/04/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Granite Operating Co., et al.
01/04/2019Response Waiver filed  Response Waiver filed on behalf of the Yowell petitioners.
01/03/2020Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Tommy Yowell, et al.
01/03/2020Submission Schedule 
01/03/2019Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review granted. Further requests for extensions of time will be disfavored. Response is due no later than February 6, 2019.
01/03/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of PAC Production Company, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/30/2020Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Peyton Holdings CorporationRespondentMs. Kerri L Stampes
Ms. Joni Paul
Mr. Thomas C. Riney
Cattalo, Ltd.RespondentMr. John Jackson Smither
Ms. Nancy Hahn Elliott  
Mr. Thomas A. Zabel
Mr. Ronald D. Nickum
Yowell, TommyPetitionerMr. Joe W. Hayes
Mr. John T. Smithee
Yowell, GailPetitionerMr. John T. Smithee
Mr. Joe W. Hayes
Casuarina Investments, LLC (d/b/a Lar Resources, LLC)PetitionerMr. John T. Smithee
Mr. Joe W. Hayes
Granite Operating Company (formerly Upland)RespondentMr. Ryan Clinton  
Mr. John A. "Jad" Davis Jr.
Mr. John Ben Blanchard
Texas Oil and Gas AssociationAmicus CuriaeMs. Danica Lynn Milios
Peyton Royalties, L.P.RespondentMr. Thomas C. Riney
Ms. Joni Paul
Ms. Kerri L Stampes
Apache CorporationRespondentMr. John A. "Jad" Davis Jr.
Mr. John Ben Blanchard
Mr. Ryan Clinton  
El Terico, LLCPetitionerMr. John T. Smithee
Mr. Joe W. Hayes
Mesa Oil & Gas CorporationRespondentMr. John Jackson Smither
Mr. Ronald D. Nickum
Mr. Thomas A. Zabel
Ms. Nancy Hahn Elliott  
Peyton, BaileyRespondentMs. Joni Paul
Ms. Kerri L Stampes
Mr. Thomas C. Riney
Graff, HarryPetitionerMr. John T. Smithee
Mr. Joe W. Hayes
PAC Production CompanyRespondentMr. Ronald D. Nickum
Ms. Nancy Hahn Elliott  
Mr. Thomas A. Zabel
Mr. John Jackson Smither
Court of Appeals Information:
Affirmed  
557 SW3d 794, 07-26-18 
7th Court of Appeals 
Honorable Judy C. Parker 
Trial Court Information
31st District Court 
Wheeler 
Honorable Steven Ray Emmert 
12,944