11TH COURT OF APPEALS
EASTLAND, TEXAS
JUDGMENT
Eagle Oil & Gas Co., * From the 238th District
Court of Midland County,
Trial Court No. CV-46,196
Vs. No. 11-11-00290-CV * October 31, 2013
TRO-X, L.P., * Opinion by McCall, J.
Dissenting Opinion by Wright, C.J.
(Panel consists of: Wright, C.J.,
McCall, J., and Hill, sitting by
assignment)
AND (Willson, J., not participating)
TRO-X, L.P.,
Vs. No. 11-11-00290-CV
Eagle Oil & Gas Partners, LLC,
This court has inspected the record in this cause and concludes that there is
error in the judgment below. Therefore, in accordance with this court’s opinion:
We reverse that portion of the trial court’s judgment wherein it held that Eagle Oil &
Gas Co. had breached the New Prospects Agreement as found by the jury in
Question Nos. 1(a), 1(b), and 1(c). We render judgment that TRO-X, L.P. take
nothing in that regard from Eagle Oil & Gas Co. We affirm the judgment that
TRO-X take nothing from Eagle Oil & Gas Partners, LLC. We render judgment
that TRO-X recover the sum of $379,788.80 ($1,064,789.45 due to TRO-X less
$685,000.65 in expenses due to Eagle Oil & Gas Co.) as shown by the accounting.
We reverse the award of attorney fees and render judgment that TRO-X take nothing
in this appeal for attorney fees.