Pacific Enterprises Oil Company (Usa) v‪.‬

MADDOX, JUSTICE. This case concerns a dispute over how Pacific Enterprises Oil Company (USA) (formerly, Terra Resources, Inc.; hereinafter
"Terra" 1 ) should compute payment on Howell Petroleum Corporation's overriding royalty interest in oil and gas production
from the Chadley 27-9 well in Fayette County, Alabama. Two issues are presented for our consideration. The first issue, an
issue of apparent first impression in this State, is whether the trial court erred in holding that an Oil and Gas Board order
"respacing" the land upon which Howell Petroleum's overriding royalty was computed had no effect on how Terra was contractually
obligated to pay Howell Petroleum its overriding royalty. The second issue is whether an award of attorney fees pursuant to
the Alabama Litigation Accountability Act (§ 12-19-270 et seq., Ala. Code 1975) was proper under the facts of this
case.