Shape Ranch, Ltd., and Hugh Fitzsimons, III v. ENG San Miguel Development, LLC, ETNA Energy, LLC and Endeavor Natural Gas, LP

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Fourth Court of Appeals
San Antonio, Texas
March 26, 2021
No. 04-21-00101-CV
SHAPE RANCH, LTD., and Hugh Fitzsimons, III,
Appellants
v.
ENG SAN MIGUEL DEVELOPMENT, LLC, ETNA Energy, LLC and Endeavor Natural
Gas, LP,
Appellees
From the 293rd Judicial District Court, Dimmit County, Texas
Trial Court No. 21-01-13958-DCV
Honorable Maribel Flores, Judge Presiding
ORDER
In the underlying suit, Appellant Shape Ranch, Ltd. is the surface estate owner of the
Shape Ranch and Appellant Hugh A. Fitzsimons III is the Shape Ranch manager. ENG San
Miguel Development, LLC; ETNA Energy, LLC; and Endeavor Natural Gas, LP (collectively
Endeavor) are lessees or operators of a mineral lease underlying the Shape Ranch.
Endeavor proposed a route for a road across the center of the surface estate, but Shape
Ranch objected; it proposed a longer route around the perimeter of the surface estate.
On March 24, 2021, the trial court granted Endeavor’s application for a temporary
injunction, which allows Endeavor access to the ranch along Endeavor’s proposed route.
On March 25, 2021, Shape Ranch filed a notice of interlocutory appeal, see TEX. CIV.
PRAC. & REM. CODE ANN. § 51.014(a)(3), and it sought an emergency order to stay the
temporary injunction, see TEX. R. APP. P. 29.3.
Appellants’ request for emergency relief is GRANTED. We STAY the trial court’s
March 24, 2021 temporary injunction order pending further order of this court or resolution of
this appeal numbered 04-21-00101-CV. See TEX. R. APP. P. 29.3; Cold Spring Granite Co. v.
Karrasch, 96 S.W.3d 514, 516 (Tex. App.—Austin 2002, no pet.).
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It is so ORDERED March 26, 2021.
PER CURIAM
ATTESTED TO:__________________________
MICHAEL A. CRUZ,
CLERK OF COURT
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