Supreme Court of Texas Blog

No. 19-0233
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CONCHO RESOURCES, INC., ET AL. v. MARSHA ELLISON D/B/A ELLISON LEASE OPERATING

A petition was filed on May 31, 2019. Oral argument was held on January 5, 2021. The Court issued an opinion resolving the case on April 16, 2021. It then denied rehearing on September 3, 2021

Opinions

September 3, 2021

Lehrmann
Hecht
Boyd
Devine
Blacklock
Busby
Bland
Huddle

The Court's opinion issued April 16, 2021 is corrected and the judgment issued April 16, 2021 remains in place.View Electronic Briefs | Oral Argument PDF

Withdrawn Opinions

The opinions below have been withdrawn by order of the Court.

April 16, 2021

Lehrmann
Hecht
Guzman
Boyd
Devine
Blacklock
Busby
Bland
Huddle

Justice Lehrmann delivered the opinion of the Court.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:13th Court of Appeals
Outcome Below:Rev & Ren/Pt and Rem/Pt
COA Docket No.:13-17-00046-CV
Opinion Author:Honorable Nora L. Longoria

Trial Court

Trial Court:51st District Court
County:Irion
Trial Judge:Honorable Barbara Lane Walther
Trial Docket:CV13-009

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2021-09-23 Call received  
2021-09-17 Miscellaneous motion disposed. See Remarks.   Denied
2021-09-17 Motion for Extension of Time to File Motion for Rehearing disposed   Denied
2021-09-13 Amicus Curiae Letter Received  
2021-09-10 Miscellaneous Motion  
2021-09-10 Phone call from Clerk's Office  
2021-09-09 Motion for Extension of Time to File Motion for Rehearing  
2021-09-08 Case Stored  
2021-09-03 Corrected opinion  
2021-09-03 Mandate issued  
2021-09-03 Motion for Rehearing - Disposed Denied
2021-08-25 Amicus Curiae Letter Received  
2021-08-17 Description of document returned to Supreme Court  
2021-07-28 Amicus Curiae Letter Received  
2021-07-21 Response Waiver filed  
2021-07-19 Amicus Curiae Letter Received  
2021-07-15 Amicus Curiae Letter Received  
2021-07-08 Redrafted Motion for Rehearing (Respondent)  
2021-07-08 Case forwarded to Court
2021-07-07 Amicus Curiae Letter Received  
2021-07-06 Call received  
2021-07-06 Amicus Curiae Letter Received  
2021-07-05 Amicus Curiae Brief received  
2021-07-01 Motion to Exceed Word Limit disposed   Denied
2021-07-01 Call received  
2021-06-30 Amicus Curiae Brief received  
2021-06-28 Amicus Curiae Letter Received  
2021-06-28 Amicus Curiae Letter Received  
2021-06-28 Motion for Rehearing  
2021-06-28 Amicus Curiae Letter Received  
2021-06-28 Motion to Exceed Word Limit  
2021-06-28 Call received  
2021-05-26 Motion for Extension of Time to File Motion for Rehearing  
2021-05-26 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2021-04-26 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2021-04-26 Motion for Extension of Time to File Motion for Rehearing  
2021-04-22 Record returned to Court of Appeals
2021-04-16 Opinion issued Issued
2021-04-16 Court approved judgment sent to attorneys of record Issued
2021-04-16 Opinion issued   Court of Appeals' judgment reversed and remanded to Court of Appeals
2021-04-16 Opinion issued Issued
  This case was awaiting the Court's decision after oral argument between January 12, 2021 and April 16, 2021.  
2021-01-12 Call received  
2021-01-12 Post submission brief filed (Petitioner)  
2021-01-11 Post submission brief filed (Respondent)  
2021-01-05 Oral argument  
2021-01-05 Oral argument  
2021-01-05 Oral argument  
2021-01-05 Post submission brief filed  
2021-01-04 Exhibits in case/cause filed  
2020-12-31 Amicus Curiae Letter Received  
2020-12-30 Submission Schedule
2020-12-30 Exhibits in case/cause filed (Respondent)  
2020-12-09 Letter sent to parties from Supreme Court - See Remarks  
2020-12-04 Oral Argument Submission Form from Attorney received  
2020-12-04 Oral Argument Submission Form from Attorney received  
2020-12-03 Oral Argument Submission Form from Attorney received  
2020-12-02 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between October 2, 2020 and December 2, 2020.  
2020-10-02 Petition for Review disposed Filing granted
2020-10-02 Petition for Review disposed Filing granted
2020-10-02 Petition for Review disposed Filing granted
2020-10-02 Petition for Review granted
2020-10-02 Case set for oral argument   Case set for oral argument
2020-10-02 Petition for Review granted
2020-10-02 Case set for oral argument   Case set for oral argument
2020-10-02 Petition for Review granted
2020-10-02 Case set for oral argument   Case set for oral argument
2020-09-01 Call received  
2020-08-31 Reply Brief (Petitioner)  
2020-08-31 Reply Brief (Petitioner)  
2020-08-31 Reply Brief (Petitioner)  
  This case was pending on merits briefs between July 1, 2020 and August 31, 2020.  
2020-07-01 Brief on the Merits (Respondent)  
2020-06-29 Phone call from Clerk's Office  
2020-06-26 Motion for Extension of Time disposed.   Filing granted
2020-06-22 Motion for Extension of Time filed  
2020-06-17 Motion for extension of length of brief disposed   Filing granted
2020-06-15 Brief on the Merits (Respondent)  
2020-06-05 Brief on the Merits (Respondent)  
2020-06-05 Motion for Extension of Length of Brief filed  
2020-05-21 Motion for Extension of Time disposed.   Filing granted
2020-05-20 Motion for Extension of Time to File Brief filed  
  This case was pending on merits briefs between March 23, 2020 and May 20, 2020.  
2020-03-23 Motion for Extension of Time disposed.   Filing granted
2020-03-23 Motion for Extension of Time to File Brief filed  
2020-03-13 Brief on the Merits  
2020-03-13 Brief on the Merits  
2020-03-10 Brief on the Merits (Petitioner)  
2020-02-26 Record Received (See Remarks)  
2020-01-15 Motion for Extension of Time to File Brief filed  
2020-01-15 Motion for Extension of Time disposed.   Filing granted
2019-12-19 Motion for Extension of Time to File Brief filed  
2019-12-19 Motion for Extension of Time disposed.   Filing granted
2019-12-13 Brief on the Merits Requested  
2019-11-21 Reply to Response to Petition filed  
2019-11-21 Reply to Response  
2019-11-20 Reply to Response to Petition filed (Petitioner)  
2019-11-19 Amicus Curiae Brief received  
2019-10-09 MET to file reply disposed of   Filing granted
2019-10-09 Motion to Extend Time to File Reply filed  
2019-10-07 Response to Petition (Respondent)  
2019-10-07 Response to Petition (Respondent)  
2019-10-07 Response to Petition (Respondent)  
2019-09-05 Amendment to Motion filed  
2019-09-05 Motion for Extension of Time to File Response disposed   Filing granted
2019-09-04 Motion for Extension of Time to File Response  
2019-08-01 Motion for Extension of Time to File Response disposed   Filing granted
2019-08-01 Motion for Extension of Time to File Response  
2019-07-12 Supreme Court of Texas Requested Response  
2019-07-12 Supreme Court of Texas Requested Response  
2019-07-12 Supreme Court of Texas Requested Response  
2019-06-24 Amicus Curiae Brief received  
2019-06-11 Case forwarded to Court
2019-06-11 Case forwarded to Court
2019-06-11 Case forwarded to Court
2019-06-06 Letter Filed  
2019-06-04 Response Waiver filed  
2019-06-03 Call received  
2019-05-31 Petition for Review  
2019-05-31 Petition for Review #2  
2019-05-31 Petition for Review #3  
2019-04-24 Second Motion for Extension of Time to File Petition for Review filed  
2019-04-24 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-03-20 Supplement to Clerk's/Reporter's Record
2019-03-20 Clerk's Record
2019-03-20 Motion for Extension of Time to File Petition for Review filed  
2019-03-20 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-03-20 Court reporter/recorder's record
2019-03-20 Court reporter/recorder's record
2019-03-20 Court reporter/recorder's record

Parties

Party Counsel Role
COG Operating, LLC
Mr. James Michael Kimbell
Mr. P. Michael Jung
Mr. Michael G. Maloney
Ms. Katherine T. Garber
Mr. Wallace B. Jefferson
Ms. Rachel Anne Ekery
 Petitioner
Samson Lone Star Limited Partnership
Mr. John Randolph Thompson III
Mr. Matthew David Stayton
Mr. David E. Keltner
 Petitioner
Three Rivers Operating Co. LLC
Ms. Rachelle Hoffman Glazer
Mr. Michael G. Maloney
Mr. Craig A. Haynes
Mr. P. Michael Jung
Ms. Katherine T. Garber
Mr. James Michael Kimbell
Mr. Wallace B. Jefferson
Ms. Rachel Anne Ekery
 Petitioner
Three Rivers Acquisition LLC
Ms. Katherine T. Garber
Mr. James Michael Kimbell
Mr. P. Michael Jung
Ms. Rachelle Hoffman Glazer
Mr. Michael G. Maloney
Mr. Craig A. Haynes
Mr. Wallace B. Jefferson
Ms. Rachel Anne Ekery
 Petitioner
S/D Oil and Gas Corp.
Mr. Jack Morton Wilhelm
 Other Interested Party
Concho Resources, Inc.
Mr. Michael G. Maloney
Ms. Katherine T. Garber
Mr. P. Michael Jung
Mr. James Michael Kimbell
Mr. Wallace B. Jefferson
Ms. Rachel Anne Ekery
 Petitioner
Samson Exploration, LLC
Mr. John Randolph Thompson III
Mr. David E. Keltner
Mr. Matthew David Stayton
Mr. Don W. Griffis
 Petitioner
Samson Lone Star LLC
Mr. John Randolph Thompson III
Mr. David E. Keltner
Mr. Matthew David Stayton
 Petitioner
Sunoco Logistics Partners Operations GP LLC
Mr. Michael Thomas Bridwell
Mr. John W. Bridger
Mr. K. B. Battaglini
Mr. David A. Kirby
 Petitioner
Sunoco Partners Marketing & Terminals L.P.
Mr. Michael Thomas Bridwell
Mr. K. B. Battaglini
Mr. John W. Bridger
Mr. David A. Kirby
 Petitioner
Marsha Ellison, d/b/a Ellison Lease Operating
Mr. Robert P. Baxter Jr.
Mr. Ronald O. Holman
 Respondent
Samson Resources Co.
Mr. Don W. Griffis
Mr. David E. Keltner
Mr. John Randolph Thompson III
Mr. Matthew David Stayton
 Petitioner

Amici Curiae

Amicus Curiae Counsel
Giles, Gary A.
Mr. Gary A. Giles
Holcomb, Jim
Jim Holcomb
Texas Land Title Association
Mr. Aaron Daniel Day
Beavers, Jay
Jay Beavers
Scimeca, Richard R.
Mr. Richard Scimeca
Independent Bankers Association of Texas (IBAT)
Mr. John Mark Heasley
Ms. Karen Sue Neeley
Stensrud, Bruce J.
Bruce J. Stensrud
Texas Bankers Association (TBA)
Mr. John Mark Heasley
Ms. Karen Sue Neeley
Morgan, Alan H.
Alan H. Morgan
Flowers, Celia C.
Ms. Celia C. Flowers
Hogwood, Terry E.
Mr. Terry E. Hogwood
Texas Land Title Association
Mr. Aaron Daniel Day
Ganador Operating, LLC
Mr. Ryan D. Clinton
Mr. David H. Smith
Texas Oil and Gas Association
Erik Martin
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