In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-12-00359-CV
________________________
UNIT PETROLEUM COMPANY, APPELLANT
V.
DAVID POND WELL SERVICE, INC.,
D/B/A, D.W.P. PRODUCTION, APPELLEE
On Appeal from the 31st District Court
Lipscomb County, Texas
Trial Court No. 11-04-4287; Honorable Steven Emmert, Presiding
July 25, 2014
ORDER OVERRULING APPELLEE’S MOTION FOR REHEARING
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
On May 19, 2014, this Court issued its Opinion and Judgment in this cause,
reversing the judgment of the trial court and declaring the rights of the parties.1
1
See Unit Petroleum Co. v. David Pond Well Serv., No. 07-12-00359-CV, 2014 Tex. App. LEXIS
5354 (Tex. App.—Amarillo May 19, 2014, no pet. h.)
Appellee, David Pond Well Service d/b/a D.W.P. Production, has filed a Motion for
Rehearing relating to that portion of the opinion and judgment which grants Appellant,
Unit Petroleum Company, the “exclusive executive right to establish a proration unit
encompassing any of its leasehold estate.” Remaining convinced that our original
opinion and judgment are correct, we write to address Appellee’s primary argument.
Appellee’s concern focuses on language in this Court’s opinion and judgment
stating that Appellant has the “exclusive” right to establish a proration unit
encompassing its own leasehold estate. As used in our opinion and judgment,
“exclusive” means exclusive as between Appellant and Appellee, as opposed to being
held by Appellee alone or by Appellee and Appellant jointly. Our opinion and judgment
should not be read as limiting the well-established authority of the Texas Railroad
Commission. Appellee’s motion for rehearing is overruled.
Patrick A. Pirtle
Justice
2