¶1 The appellants brought this action for partition of a cotenancy in which they owned the surface rights and one-half of the mineral rights. The respondents owned the remaining half of the mineral rights. Respondents moved for summary j udgment, and summary j udgment was granted on the ground that appellants impliedly agreed not to seek, partition of the mineral rights.
¶2 The record does not reveal that this ground was properly before the trial court. We accordingly reverse the entry of summary judgment. We express no opinion regarding the merits of the partition action.
¶3 Reversed.