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CARLSON v. FLOCCHINI INVESTMENTS

No. 04-49.

106 P.3d 847 (2005)

2005 WY 19

C.E. CARLSON and Iris M. Carlson, Trustees of the Carlson Family 1982 Trust; Michael H. Samuels; William Samuels; Babit Limited Partnership; Estate of Frank L. Shogrin, by and through Gay Woodhouse, Personal Representative; James D. Medema and Millie M. Medema, Trustees of the Medema Family Trust; Edna Mae Walker, Trustee of the Edna Mae Walker Revocable Trust; Valorie Walker, Trustee of the Jack V. Walker Revocable Trust; Peter T. Balog; and Lowell A. Rasmussen, Appellants (Plaintiffs), v. FLOCCHINI INVESTMENTS, a California Partnership; The Bud and Mary Lou Flocchini Family Partnership, a California Partnership; Bud Flocchini; Mary Lou Flocchini; The Richard J. and Partricia Flocchini Family Partnership, a California Partnership; Richard J. Flocchini; Patricia Flocchini; The Armando and Lena Flocchini Family Partnership; Lena Flocchini; Armando J. Flocchini, Jr., a/k/a A.J. Flocchini, Jr.; and Durham Ranches, Inc., a Wyoming Corporation, Appellees (Defendants).

Supreme Court of Wyoming.

February 15, 2005.

Attorney(s) appearing for the Case

Representing Appellants: Drake D. Hill and Timothy M. Stubson of Brown, Drew & Massey, LLP, Casper, Wyoming.

Representing Appellees: Thomas Klepperich and David Smith of Lonabaugh & Riggs, Sheridan, Wyoming.

Before HILL, C.J., and GOLDEN, KITE, and VOIGT, JJ., and YOUNG, D.J.

KITE, Justice.

[¶ 1] In this coalbed methane royalty dispute, the royalty owners1 filed an action against the mineral owners2 claiming they were entitled pursuant to a mineral lease executed by the parties' successors in interest to a share of an overriding royalty interest in minerals produced from certain ranch lands. Prior to trial, the district court granted...

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