Supreme Court

Case: 23-0671    
23-0671
08/22/2023
Fourth Petition for Review/Cause under Rule 53.1
CALE ANDREW CLIFTON, CHRISTOPHER MATTHEW CLIFTON, PAMELA PARKER CLIFTON, COG OPERATING, LLC, DESERT PARTNERS IV, LP, KELLI CLIFTON GOSSMANN, LAMBERT LAND CO., LLC, VIPER ENERGY PARTNERS LP, MCCAMEY FARM & RANCH, LP, KATHY PARKER IN HER CAPACITY AS INDEPENDENT EXECUTOR OF THE ESTATE OF J. LOYD PARKER, III, SPRINGWOOD MINERAL 4, LP, ROBIN LEE YOUNG, YOUNG OIL AND GAS, LP AND LAKE RANCH, LP 
SCOTT W. JOHNSON AND FLORENCE H. CUMMINGS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/27/2026Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Scott W. Johnson, et al.
01/23/2026Amicus Curiae Letter ReceivedReceived (instead of filed) Post-Submission Amicus Curiae Letter received on behalf of Cotton, Bledsoe, Tighe & Dawson, P.C., submitted by Eric C. Schmalbach of Midland, Texas.
12/10/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Post-Submission Amicus Curiae Letter Brief received on behalf of Fasken Oil and Ranch, Ltd., submitted by Douglas W. Alexander of Alexander Dubose & Jefferson LLP of Austin, Texas.
12/09/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief received from Laura H. Burney of the Law Offices of Laura H. Burney, San Antonio, Texas.
12/01/2025Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of COG Operating, LLC.
11/24/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of The Boren Royalty Partnership, LP, submitted by Joshua S. Smith of Beck Redden LLP of Houston, Texas.
11/17/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Fasken Oil and Ranch, Ltd., submitted by Douglas Alexander of Alexander Dubose & Jefferson LLP of Austin, Texas.
12/12/2024Reply BriefPetitioner Petitioners' Reply Brief on the Merits filed on behalf of Cale Andrew Clifton, et al.
10/25/2024Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Scott W. Johnson, et al.
09/06/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Cale Andrew Clifton, et al.
03/04/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Springwood Mineral 4, LP., et al.
03/04/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Lambert Land Co., LLC.
03/01/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Cale Andrew Clifton, et al.
02/27/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of COG Operating, LLC.
01/17/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Scott W. Johnson, et al.
10/25/2023Petition for Review #3Petitioner Petition for Review filed on behalf of Lambert Land Company, LLC.
10/25/2023Petition for Review #4Petitioner Petition for Review filed on behalf of Springwood Minerals 4, LP and Desert Partners IV, LP.
10/25/2023Petition for Review #2Petitioner Petition for Review filed on behalf of Cale Andrew Clifton, et al.
10/24/2023Petition for ReviewPetitioner Petition for Review filed on behalf of COG Operating, LLC.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/13/2023Designation of Lead Counsel   Designation of Lead Counsel filed on behalf of Scott W. Johnson, et al.
12/12/2024Reply Brief  Petitioners' Reply Brief on the Merits filed on behalf of Cale Andrew Clifton, et al.
12/10/2025Amicus Curiae Letter Received  Post-Submission Amicus Curiae Letter Brief received on behalf of Fasken Oil and Ranch, Ltd., submitted by Douglas W. Alexander of Alexander Dubose & Jefferson LLP of Austin, Texas.
12/09/2025Amicus Curiae Letter Received  Amicus Curiae Letter Brief received from Laura H. Burney of the Law Offices of Laura H. Burney, San Antonio, Texas.
12/08/2023Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than January 8, 2024.
12/02/2025Oral argument   Argued on behalf of Petitioners by Macey Reasoner Stokes; Argued on behalf of Respondents  by Tim Hootman
12/02/2025Oral argument   Argued on behalf of Petitioners by Macey Reasoner Stokes; Argued on behalf of Respondents  by Tim Hootman
12/02/2025Oral argument   Argued on behalf of Petitioners by Macey Reasoner Stokes; Argued on behalf of Respondents  by Tim Hootman
12/02/2025Oral argument   Argued on behalf of Petitioners by Macey Reasoner Stokes; Argued on behalf of Respondents  by Tim Hootman
12/01/2025Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of COG Operating, LLC.
11/24/2025Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Ms. Macey Reasoner Stokes and Mr. Richard B. Phillips, Jr. with Holland & Knight LLP of Dallas, TX, filed on behalf of Springwood Minerals 4, LP and Desert Partners IV, LP.
11/24/2025Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of The Boren Royalty Partnership, LP, submitted by Joshua S. Smith of Beck Redden LLP of Houston, Texas.
11/17/2025Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Fasken Oil and Ranch, Ltd., submitted by Douglas Alexander of Alexander Dubose & Jefferson LLP of Austin, Texas.
11/12/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Cale Andrew Clifton, et al.
11/12/2025Call received  Call from assistant for counsel for Petitioner inquiring if multiple oral argument submission forms should be filed.
11/07/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Reply Briefs on the Merits is granted. Reply Briefs are due December 12, 2024. Further requests for extensions of time for this filing will be disfavored.
11/07/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file All Petitioners' Reply Briefs filed on behalf of Cale Andrew Clifton, et al.
11/07/2023Case forwarded to Court 
11/07/2023Case forwarded to Court 
11/07/2023Case forwarded to Court 
11/07/2023Case forwarded to Court 
11/01/2023Response Waiver filed  Response Waiver filed on behalf of Scott W. Johnson, et al.
11/01/2023Response Waiver filed  Response Waiver filed on behalf of Scott W. Johnson, et al.
11/01/2023Response Waiver filed  Response Waiver filed on behalf of Scott W. Johnson, et al.
11/01/2023Response Waiver filed  Response Waiver filed on behalf of Scott W. Johnson and Florence H. Cummings.
10/25/2024Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Scott W. Johnson, et al.
10/25/2023Petition for Review #4  Petition for Review filed on behalf of Springwood Minerals 4, LP and Desert Partners IV, LP.
10/25/2023Petition for Review #3  Petition for Review filed on behalf of Lambert Land Company, LLC.
10/25/2023Adoption by another party of brief already filed  Joinder in Petitions for Review filed on behalf of KMF Land, LLC.
10/25/2023Adoption by another party of brief already filed  Joinder in Petitions for Review filed on behalf of Christopher Matthew Clifton, et al.
10/25/2023Petition for Review #2  Petition for Review filed on behalf of Cale Andrew Clifton, et al.
10/24/2023Petition for Review  Petition for Review filed on behalf of COG Operating, LLC.
10/03/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of COG Operating, LLC. Oral Argument will be presented by Macey Reasoner Stokes and Richard B. Phillips, Jr. of Baker Botts L.L.P. of Houston, Texas.
09/26/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondent's brief is due no later than October 28, 2024; and Reply brief is due November 12, 2024.
09/25/2024Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Scott W. Johnson, et al.
09/20/2023Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review granted. Further requests for extensions of time will be disfavored. Petition for Review is due no later than October 25, 2023.
09/20/2023Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of Cale Andrew Clifton, et al.
09/15/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Scott W. Johnson and Florence H. Cummings. Oral Argument will be presented by Tim Hootman of Tim Hootman, Lawyer, of Houston, Texas.
09/12/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., December 2, 2025.  Time allotted to argue: 20/20 minutes
09/12/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., December 2, 2025.  Time allotted to argue: 20/20 minutes
09/12/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., December 2, 2025.  Time allotted to argue: 20/20 minutes
09/12/2025Motion to substitute disposedFiling granted Motion to Substitute Lead Counsel is granted.
09/12/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., December 2, 2025.  Time allotted to argue: 20/20 minutes
09/11/2025Motion to Substitute filed  Motion to Substitute Lead Counsel filed on behalf of COG Operating, LLC.
09/06/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Cale Andrew Clifton, et al.
09/05/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
09/05/2025Petition for Review granted 
09/05/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
09/05/2025Petition for Review granted 
09/05/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
09/05/2025Petition for Review granted 
09/05/2025Petition for Review granted 
09/05/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
08/28/2024Motion for Extension of Time disposed.Filing granted Third Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief is due September 6, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due September 26, 2024. Reply Brief is due October 11, 2024.
08/28/2024Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of COG Operating LLC, et al.
08/22/2023Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due September 25, 2023.
08/22/2023Supplement to Clerk's/Reporter's Record 
08/22/2023Clerk's Record 
08/21/2023Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Cale Andrew Clifton, et al.
07/24/2024Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. All Petitioners' Briefs are due August 30, 2024. All Response Briefs are due September 19, 2024. Reply Briefs are due October 4, 2024. Further requests for extensions of time for this filing will not be considered.
07/24/2024Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of COG Operating LLC and all petitioners.
06/30/2025Call received  Call received regarding status of case.
06/28/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's brief is due July 31, 2024. Response brief is due August 20, 2024. Reply brief is due September 4, 2024.
06/28/2024Motion 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 Lambert Land Co., LLC.
06/28/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's brief is due July 31, 2024. Response brief is due August 20, 2024. Reply brief is due September 4, 2024.
06/28/2024Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Christopher Matthew Clifton, et al.
06/28/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's brief is due July 31, 2024. Response brief is due August 20, 2024. Reply brief is due September 4, 2024.
06/28/2024Motion 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 COG Operating, LLC.
06/28/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due no later than July 31, 2024; Respondent's brief is due August 20, 2024; and Reply brief is due September 4, 2024.
06/27/2024Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Cale Andrew Clifton, et al.
05/31/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later July 1, 2024; Response brief due July 22, 2024; Reply brief due August 6, 2024. Petitioners are encouraged to consolidate their briefing, if possible.
05/29/2026Mandate issued  Mandate & Cost Bill Issued
05/29/2026Motion for Rehearing - DisposedDenied
04/27/2026Case forwarded to Court 
04/27/2026Motion for Rehearing  Motion for Rehearing filed on behalf of Scott W. Johnson, et al.
03/30/2026Motion for Extension of Time to File Motion for Rehearing disposedFiling granted in part Motion for Extension of Time to file Motion for Rehearing granted in part. Motion for Rehearing is due April 29, 2026. Further requests for extensions of time for this filing will be disfavored.
03/28/2026Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Scott W. Johnson, et al.
03/13/2026Court approved judgment sent to attorneys of recordIssued
03/13/2026Opinion issuedIssued The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Young delivered the opinion of the Court.
03/13/2026Opinion issuedIssued The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Young delivered the opinion of the Court.
03/13/2026Opinion issuedIssued The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Young delivered the opinion of the Court.
03/13/2026Opinion issuedCourt of Appeals' judgment reversed, trial court judgment reinstated The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Young delivered the opinion of the Court.
(3/13/2026 1:39:43 PM) 230671.pdf, 23-0671.jmt.pdf
03/04/2024Adoption by another party of brief already filed  Joinder in Reply in Support of Petition for Review filed on behalf of KMF Land LLC.
03/04/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Springwood Mineral 4, LP., et al.
03/04/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Lambert Land Co., LLC.
03/01/2024Adoption by another party of brief already filed  Joinder in Reply in Support of Petition for Review filed on behalf of Christopher Matthew Clifton, et al.
03/01/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Cale Andrew Clifton, et al.
02/27/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of COG Operating, LLC.
02/19/2026Miscellaneous motion disposed. See Remarks.Filing granted Petition KMF Land, LLC's Motion for Substitution of Party and Correct Legal Name Under Tex. R. App. P. 7.1(b) to Viper Energy Partners LP granted
02/06/2026Miscellaneous Motion  Motion for Substitution of Party and Correct Legal Name filed on behalf of KMF Land, LLC.
01/30/2024MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in support of Petition for Review is granted. Reply is due March 4, 2024. Further requests for extensions of time for this filing will be disfavored.
01/30/2024Motion 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 Christopher Matthew Clifton, et al.
01/26/2024MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in support of Petition for Review is granted. Reply is due March 4, 2024. Further requests for extensions of time for this filing will be disfavored.
01/26/2024Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Lambert Land Company, LLC.
01/25/2024MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in support of Petition for Review is granted. Reply is due March 4, 2024. Further requests for extensions of time for this filing will be disfavored.
01/25/2024Motion 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 Springwood Minerals 4, LP, et al.
01/24/2024MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review granted. Further requests for extensions of time will be disfavored. Reply is due no later than March 4, 2024.
01/23/2026Amicus Curiae Letter Received  Post-Submission Amicus Curiae Letter received on behalf of Cotton, Bledsoe, Tighe & Dawson, P.C., submitted by Eric C. Schmalbach of Midland, Texas.
01/23/2024Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Cale Andrew Clifton, et al.
01/23/2024Notice of Appearance  Notice of Appearance filed on behalf of Cale Andrew Clifton, et al.
01/23/2024MET to file reply disposed ofFiling granted Motion for Extension of TIme to file Reply in Support of Petition for Review granted. Further requests for extensions of time will be disfavored. Reply is due no later than March 4, 2024.
01/22/2024Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of COG Operating, LLC.
01/17/2024Response to Petition  Response to Petition for Review filed on behalf of Scott W. Johnson, et al.
01/08/2024Motion for Extension of Time to File Response disposedFiling granted 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 8, 2024.
01/05/2024Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Scott W. Johnson, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/29/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Cotton, Bledsoe, Tighe & Dawson, P.C.Amicus CuriaeMr. Samuel Stennis  
George Shires
Gregory Friesenhahn
Garrett Melchiorre
Eric Schmalbach
Boren Royalty Partnership, LPAmicus CuriaeMr. Joshua S. Smith
Mr. Russell S. Post
Ms. Mary Kate Raffetto
Mr. Matthew Paul Whitley
Viper Energy Partners LPPetitionerBrendan Ivan Jones
Jason Klein
Bradley Nevills
Lambert Land Co., LLCPetitionerMr. Sean M. Guerrero
Michael Christensen
Ms. Stephanie Perry
Fasken Oil and Ranch, Ltd.Amicus CuriaeMr. Douglas W. Alexander
Burney, Laura H.Amicus CuriaeMs. Laura H. Burney
Christopher Matthew Clifton, McCamey Farm & Ranch, LP., Robbin Lee Young, Young Oil and Gas, LP and Lake Ranch, LPPetitionerDavid Hornbeak
Mr. L. Bradley Hancock
Scott W. Johnson and Florence H. CummingsRespondentMr. Douglas Clifton Kittelson
Mr. Timothy A. Hootman
Mr. Joshua Stein
Cale Andrew Clifton, Pamela Parker Clifton, Kelli Clifton Gossmann and Kathy Parker, in her Capacity as Independet Executor for Estate of J. Loyd Parker, III, DeceasedPetitionerMr. Ken K. Slavin
Mr. George C. Haratsis
Mr. Ryan Damiano
Mr. Rick G Sorenson
COG Operating LLCPetitionerMr. Jacob M. Davidson
Mr. Daniel Rankin
Ms. Julie L. Griffis
Ms. Macey Reasoner Stokes
Mr. Ryan Clinton  
Desert Partners IV, LP and Springwood Minerals 4, LPPetitionerMr. Richard B. Phillips Jr.
Mr. Gregory D. Binns
Court of Appeals Information:
Rev & Ren/Pt and Rem/Pt 
719 SW3d 270, 07-10-23 
8th Court of Appeals 
Honorable Lisa J. Soto 
Trial Court Information
143rd District Court 
Reeves 
Honorable John (Mike) M. Swanson 
20-07-23609-CVR