Carlson v. Flocchini Investments

KITE, Justice.

[11] In this coalbed methane royalty dispute, the royalty owners 1 filed an action against the mineral owners 2 claiming they were entitled pursuant to a mineral lease executed by the parties' successors in interest to a share of an overriding royalty interest in minerals produced from certain ranch lands. Prior to trial, the district court granted summary judgment for mineral owners on royalty owners' breach of contract claim. The royalty owners' claims for breach of fiduciary duty and breach of the covenant of good faith and fair dealing proceeded to trial. After trial, the…