O'Brien Oil, L.L.C. v. Norman

LARRY JOPLIN, Judge.

T1 Defendants/Appellants, John W. Norman, Cecilia A. Norman, and Randall A. Mock, Trustee of the Norman Children 1985 Irrevocable Trust (Landowners), seek review of the trial court's order granting judgment to Plaintiff/Appellee, O'Brien Oil, LL.C. (Lessee), on its request for a judgment declaring its right to use an abandoned well-bore located on Landowners' surface estate. In this accelerated review proceeding, Landowners challenge the order as affected by errors of both law and fact.

T2 In 1983, a prior lessee of minerals underlying a 40 acre drilling and spacing unit in…