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075 Enserch Corp. v. Rebich

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. In Enserch Corp. v. Rebich, No. 12-93-00303-CV, 1995 WL574240 (Tex. App.– Tyler Sept. 29, 1995, no writ), the applicable gas contract was executed in 1980 for a term of […] More...

092 Landreth v. Melendez

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Landreth v. Melendez, 948 S.W.2d 76 (Tex. App.—Amarillo 1997, n.w.h.), considers whether the “accommodation doctrine” applies to a conflict between the surface owner and the mineral owner over surface […] More...

159 Sauceda v. Kerlin

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Sauceda v. Kerlin, 164 S.W.3d 892 (Tex. App.—Corpus Christi 2005, pet. filed), considers the duty owed by the holder of the executive right to a non-participating royalty owner. The […] More...

169 Ramirez v. Flores

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Ramirez v. Flores, No. 04-05-0075-CV, 2006 WL 927295 (Tex. App.—San Antonio April 12, 2006, no pet.), is a suit for reformation of a deed. Ramirez agreed to sell the […] More...

218 In re Discovery Operating, 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. In re Discovery Operating, Inc., 16 S.W.3d 898 (Tex. App.—Eastland 2007, no pet.), holds that the Texas Railroad Commission (“Commission”) does not have exclusive or primary jurisdiction over claims […] More...

220 City of Mont Belvieu v. Enter. Prods. Operating, L.P.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. City of Mont Belvieu v. Enterprise Products Operating, 222 S.W.3d 515 (Tex. App.—Houston [14th Dist] 2007, no pet.), holds that the Legislature did not intend to fully preempt a […] More...

292 Exxon Corp. v. Emerald Oil Gas 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. Exxon Corp. v. Emerald Oil & Gas Co., 331 S.W.3d 419 (Tex. 2010), held that the Texas Natural Resources Code creates private causes of action for breach of the […] More...

301 Kohout v. City of Fort Worth

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Kohout v. City of Fort Worth, 292 S.W.3d 703 (Tex. App.—Fort Worth 2009, no pet.), held that a Fort Worth citizen was not harmed by the grant of a […] More...

013 Gavenda v. Strata 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. In Gavenda v. Strata Energy, Inc., 705 S.W.2d 690 (Tex. 1986), the Supreme Court refused to find division orders a bar to recovery of underpaid royalties. The case arose […] More...

093 Amoco Production Co. v. Smith

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Amoco Production Co. v. Smith, 946 S.W.2d 162 (Tex. App. – El Paso 1997, n.w.h.), considers the statute of limitations applicable to the recovery of royalty overpayments in an […] More...