Darkhorse Water, LP v. Birch Operations, Inc., and Birch Watermania, LLC

                             11TH COURT OF APPEALS
                                EASTLAND, TEXAS
                                    JUDGMENT

Darkhorse Water, LP,                         * From the 118th District Court
                                               of Martin County,
                                               Trial Court No. 7711.

Vs. No. 11-22-00124-CV                       * December 21, 2023

Birch Operations, Inc. and                   * Opinion by Bailey, C.J.
Birch Watermania, LLC,                         (Panel consists of: Bailey, C.J.,
                                               Trotter, J., and Williams, J.)

     This court has inspected the record in this cause and concludes that there is
error in the judgment below. Therefore, in accordance with this court’s opinion,
we reverse the trial court’s Order on the Parties’ Cross-Motions for Summary
Judgment wherein it ordered that Darkhorse Water, LP take nothing on its claims
against Birch Operations, Inc. and Birch Watermania, LLC. We render judgment
that Billie Pat McKaskle conveyed a fee determinable interest to Darkhorse Water,
LP in the Darkhorse Agreement. This cause is remanded for further proceedings
consistent with this opinion. The costs incurred by reason of this appeal are taxed
against Birch Operations, Inc. and Birch Watermania, LLC.