PPC Acquisition Company LLC, Lowe Royalty Partners, LP, White Star Energy, Inc., Colt Development, L.L.C., the Northern Trust Company, as Trustee for the Edwards Living Trust Dated December 4, 2007, MICA Resources, LLC, Bidwell Minerals, LLC, Basin 16 LLC and the Northern Trust Company, as Trustee for the Sarah Zoller Separate Property Trust v. Delaware Basin Resources, LLC

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
PPC ACQUISITION COMPANY No. 08-19-00143-CV
LLC, LOWE ROYALTY PARTNERS, §
LP, WHITE STAR ENERGY, INC., Appeal from the
COLT DEVELOPMENT, L.L.C., THE §
NORTHERN TRUST COMPANY, AS 143rd District Court
TRUSTEE FOR THE EDWARDS §
LIVING TRUST DATED of Reeves County, Texas
DECEMBER 4, 2007, MICA §
RESOURCES, LLC, BIDWELL (TC# 17-09-22150-CVR)
MINERALS, LLC, BASIN 16 LLC §
AND THE NORTHERN TRUST
COMPANY, AS TRUSTEE FOR THE §
SARAH ZOLLER SEPARATE
PROPERTY TRUST, §
Appellants, §
v. §
DELAWARE BASIN RESOURCES, §
LLC,
§
Appellee.
ORDER
On this day, the Court considered Lowe Royalty Partners, LP’s Unopposed Motion to
Reinstate Appeal following Lowe Royalty Partners, LP’s dismissal from the case as an Appellant.
We have construed this motion to reinstate as a timely filed motion to rehear the Court’s decision
dismissing this case for want of prosecution after Lowe Royalty Partners, LP twice failed to tender
the $205 appellate filing fee. See PPC Acquisition Co., L.L.C. v. Delaware Basin Res., L.L.C.,
No. 08-19-00143-CV, 2019 WL 3812367 (Tex.App.—El Paso Aug. 14, 2019, no pet. h.)(mem.
op.)(dismissing Lowe as Appellant); see also Hon. Adele Hedges and Lynne Liberato, Tex. Prac.
Guide Civil Appeals § 10:47 (May 2019 Update ed.)(“A motion to reinstate an appeal is essentially
a motion for a rehearing.”).
After considering the motion, the Court finds that there is adequate cause to reinstate the
appeal and that the motion is unopposed. As such, Lowe Royalty Partners, LP’s Unopposed
Motion to Reinstate is GRANTED and the memorandum opinion issued by the Court on August
14, 2019 is withdrawn. It is therefore ORDERED that Lowe Royalty Partners, LP be reinstated as
an Appellant in the above-captioned case. The Clerk of the Court is directed to change the style
of the appeal to PPC Acquisition Company LLC, Lowe Royalty Partners, LP, White Star Energy,
Inc., Colt Development, L.L.C., The Northern Trust Company, as Trustee for the Edwards Living
Trust dated December 4, 2007, MICA Resources, LLC, Bidwell Minerals, LLC, Basin 16 LLC and
The Northern Trust Company, as Trustee for the Sarah Zoller Separate Property Trust v. Delaware
Basin Resources, LLC. Lowe Royalty Partners, LP’s brief is due September 23, 2019.
IT IS SO ORDERED THIS 23RD DAY OF AUGUST, 2019.
GINA M. PALAFOX, Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
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