Clinton T. Montgomery, Managing Trustee of the Tri-Mont Irrevocable Trusts, Kimberly Shipman Dyess, Melody Shipman Delong and Michele Mitchell Grimsley v. ES3 Minerals, LLC and Echo Minerals, LP ( 2024 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
CLINTON T. MONTGOMERY, § No. 08-23-00153-CV
MANAGING TRUSTEE OF THE
TRI-MONT IRREVOCABLE TRUSTS, § Appeal from the
KIMBERLY SHIPMAN DYESS,
MELODY SHIPMAN DELONG, § 143rd Judicial District Court
and MICHELE MITCHELL GRIMSLEY,
§ of Reeves County, Texas
Appellants,
§ Cause No. 21-06-24103-CVR
v.
ES3 MINERALS, LLC and
ECHO MINERALS, LP,
Appellees.
JUDGMENT
The Court has considered this cause on the record and concludes there was error in the
judgment. We therefore reverse the judgment of the court below denying Appellants’ motion for
partial summary judgment and render a partial summary judgment in favor of Appellants in
accordance with the opinion of this Court. We further reverse the judgment of the court below
granting partial summary judgment in favor of Appellee Echo Minerals, LP, and remand the cause
for further proceedings consistent with this opinion. We further order that Appellants recover from
Appellees all costs of this appeal, for which let execution issue. This decision shall be certified
below for observance.
IT IS SO ORDERED THIS 30TH DAY OF MAY 2024.
GINA M. PALAFOX, Justice
Before Palafox, J., Soto, J., and Barajas, C.J. (Ret.)
Barajas, C.J. (Ret.) (Sitting by Assignment)