Humphrey v. Seale

OPINION

DORSEY, Justice.

This is an appeal of a partial summary judgment in a declaratory judgment suit in which appellant sought to determine his rights under a partial assignment of an oil and gas lease. The trial court severed appellant’s cause of action against the lessors/landowners 1 from the cause against the assignors 2 and granted summary judgment for the landowners declaring that the lease had terminated. We reverse the severance and partial summary judgment of the trial court and remand the cause for a trial on the merits.

The summary judgment evidence establishes that Sam D. Seale…