Gardner Energy Corporation Baja Energy, LLC., Pandale Land & Minerals Company LLC., Hedberg Family Limited Partnership and Pescador Partners, Ltd v. McNeil, McNeil, & Holt, Billy McNeil and Jeanne Holt, Both Individually and as Executors of the Estate of Glenda McNeil, Jimmy McNeil Cattle Company, and Westway Ranches, LLC

                                 COURT OF APPEALS
                              EIGHTH DISTRICT OF TEXAS
                                   EL PASO, TEXAS


                                               §
   GARDNER ENERGY
   CORPORATION; BAJA ENERGY,                   §
   LLC, PANDALE LAND &
   MINERALS COMPANY LLC,                       §              No. 08-23-00140-CV
   HEDBERG FAMILY LIMITED
   PARTNERSHIP, and PESCADOR                   §                Appeal from the
   PARTNERS, LTD.,
                                               §          143rd Judicial District Court
                                Appellants,
                                               §            of Reeves County, Texas
  v.
                                               §            (TC#21-08-24090-CVR)
   McNEIL, McNEIL, & HOLT,
   BILLY McNEIL and JEANNE                     §
   HOLT, both individually and as
   Executors of the Estate of                  §
   GLENDA McNEIL, Deceased,
   JIMMY McNEIL CATTLE                         §
   COMPANY, and WESTWAY
   RANCHES, LLC,                               §
                                 Appellees.    §



                                     JUDGMENT

       The Court has considered this cause on the record and concludes there was error in the

judgment granting the McNeil Group’s summary judgment motion and denying the Gardner

Group’s partial summary judgment motion. We therefore reverse the trial court’s judgment and
render judgment in favor of the Gardner Group, granting its request to declare that the burden of

the State’s NPRI is to be allocated proportionately to all mineral interest owners in accordance

with their respective interests. We remand to the trial court for further proceedings on the Gardner

Group’s claim for “money had and received and/or unjust enrichment.”

       We further order that Appellants recover from Appellees all costs of appeal for which let

execution issue. This decision shall be certified below for observance.

       IT IS SO ORDERED THIS 27TH DAY OF DECEMBER 2013.



                                              LISA J. SOTO, Justice

Before Alley, C.J., Palafox, and Soto, JJ.