Craig A. Johnson v. Enerlex, Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-96-00401-CV

Craig A. Johnson, Appellant

v.

Enerlex, Inc., Appellee

FROM THE DISTRICT COURT OF COKE COUNTY, 51ST JUDICIAL DISTRICT

NO. 3616, HONORABLE BARBARA WALTHERS, JUDGE PRESIDING

Craig A. Johnson appeals from a judgment given by the trial court in a suit for declaratory relief brought by Enerlex, Inc. We will modify the judgment and affirm it as modified.

THE CONTROVERSY

Gregory S. Berger formerly owned a .007813 royalty interest created in a mineral lease on land in Coke County. Production between 1984 and 1991 resulted in his entitlement…