admin, Author at Brown & Fortunato

492 Kimble v. Gostecnik

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Kimble v. Gostecnik held that a deed may by reference to a term interest reserve the same interest upon the expiration of the term for an unlimited term. The parties […] More...

416 Bomar Oil & Gas, Inc. v. Loyd

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Bomar Oil and Gas, Inc. v. Loyd, 381 S.W.3d 689 (Tex. App.—Amarillo 2012, pet. denied), held an operator was collaterally estopped from disputing a landowner’s royalty interest because the […] More...

002 Amarillo Oil Co. v. Energy-Agri Products, Inc.

CASE OF THE MONTH Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Amarillo Oil Company v. Energy-Agri Products,_Inc., S.W.2d (Tex. App.–Amarillo, 5/13/87). Amarillo Oil Company owned a prolific gas well in Carson County which produced gas and no […] More...

088 Mitchell Energy Corp. v. Samson Resources Co.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Mitchell Energy Corp. v. Samson Resources Co., 80 F.3d 976 (5th Cir. 1996) considers the duties owed by a unit operator which fails to pay unleased cotenants and which […] More...

341 Hudspeth v. Berry

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Hudspeth v. Berry, No. 2-09-225-CV, 2010 WL 2813408 (Tex. App.—Fort Worth July 15, 2010, no pet.) (mem. op.), holds that a reservation of a royalty in a 1943 deed […] More...

391 FPL Farming Ltd. v. Envtl. Processing Sys., L.C.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. FPL Farming Ltd. v. Environmental Processing Systems, L.C., 351 S.W.3d 306 (Tex. 2011), FPL Farming Ltd. v. Envtl. Processing Sys., L.C., 383 S.W.3d 274 (Tex. App.—Beaumont 2012, pet. filed) […] More...

382 Pharaoh Oil & Gas, Inc. v. Ranchero Esperanza, Ltd.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Pharaoh Oil & Gas, Inc. v. Ranchero Esperanza, Ltd., 343 S.W.3d 875 (Tex. App. – El Paso, 2011, no pet.), held that a temporary injunction requiring removal of unused […] More...

379 Merriman v. XTO Energy, Inc.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Merriman v. XTO Energy, Inc., No. 10-09-00276-CV, 2011 WL 1901987 (Tex. App – Waco May 11, 2011), held that no bright lines can be drawn by which to categorize […] More...

360 Enbridge Pipelines (E. Texas) L.P. v. Avinger Timber, LLC

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Enbridge Pipelines (E. Texas) L.P. v. Avinger Timber, LLC, 386 S.W.3d 256 (Tex. 2012), held that the condemnation value of the landowner’s interest in an existing gas plant site […] More...

351 Simpson v. Curtis

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Simpson v. Curtis, 351 S.W.3d 374 (Tex. App.—Tyler 2010, no pet.), held that neither the statute of frauds nor the doctrine of merger would bar reformation of a deed […] More...