Rigsby v. Rigsby

While I agree with the majority’s ruling affirming the trial court’s award of a one-half interest in the surface rights to Brett, I cannot agree with its affirmance of the award of a one-half interest in the mineral rights. This court avoids the issue of whether there was a severance of the mineral rights by ruling that Harold failed to obtain a ruling on that issue. In so doing, the majority narrowly interprets the trial court’s ruling. In its order, the trial court stated: “It is the finding of the Court that the mineral interests which were reserved by the parties are the property of the…