Not abated, reinstated.

February 19, 2019

The district court declined to reinstate a “DWOP’d” suit to quiet title and the Fifth Court reversed, finding that the plaintiff had acted reasonably under the applicable Craddock factor: “The actions were not “intentional” or a result of “conscious indifference.” Logically, heirship had to be decided before the district court could determine whether appellants had standing to bring the quiet title action and whether appellees had improperly clouded the title to the mineral interests at issue. Moreover, Texas courts have a strong policy supporting resolution of cases on their merits, and in promoting the predictability of property ownership and reliability of land titles, both of which strongly support the reinstatement of appellants’ claims.” Brooks-PHS Heirs LLC v. Bowerman, No. 05-18-00356-CV (Feb. 11, 2019) (mem. op.).