admin, Author at Brown & Fortunato

155 McMillan v. Dooley

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. The case of McMillan v. Dooley, 144 S.W.3d 159 (Tex. App.–Eastland 2004, pet. filed), deals with a common problem associated with the exercise of a preferential right to purchase […] More...

074 Arkla Exploration Company v. Haywood, Rice & William Venture

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Arkla Exploration Company v. Haywood, Rice & William Venture, 863 S.W.2d 112 (Texas App.–Texarkana 1993, writ dism’d by agr.), holds that a suit for damages for negligently depleting a […] More...

226 Seagull Energy E & P, Inc. v. R.R. Comm’n of Tex.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Seagull Energy E&P, Inc. v. Railroad Comm’n of Texas, 226 S.W.3d 383 (Tex. 2007), holds that a mineral owner’s property right to commingled oil or gas or both extends […] More...

256 DSTJ, L.L.P. v. M & M Res., 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. DSTJ, L.L.P. v. M&M Resources, Inc., No. 09-07-559 CV, 2008 WL 659571 (Tex. App.—Beaumont March 13, 2008, pet. denied) (Memorandum opinion), holds that a temporary injunction prohibiting production on […] More...

070 Harrison v. Bass Enterprises Production 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. Harrison v. Bass Enterprises Production Co., 888 S.W.2d 532 (Tex. App.–Corpus Christi, no writ), considers the duty owed by lessee to a nonparticipating royalty owner for wrongful payment of […] More...

089 Rogers v. Ricane Enterprises, 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. Rogers v. Ricane Enterprises, Inc., 884 S.W.2d 763 (Tex. App.—Amarillo July 24, 1996), was a decision written on remand under instructions to consider the conversion issues raised by Rogers. […] More...

099 Mitchell Energy Corp. v. Bartlett

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. Bartlett, 958 S.W.2d 430 (Tex. App. — Fort Worth 1997, no writ), considers whether Mitchell’s failure to properly maintain its gas wells caused hydrogen sulfide […] More...

105 Houston Endowment, Inc. v. Atlantic Richfield 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. Houston Endowment Inc. v. Atlantic Richfield Co., 972 S.W.2d 156 (Tex. App. — Houston [14th Dist.] 1998, n.w.h.), considers when the statute of limitations will run against claims for […] More...

110 Shivers v. Texaco Exploration and Production, 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. Shivers v. Texaco Exploration and Production, Inc., 965 S.W.2d 727 (Tex. App.—Texarkana 1998, pet. denied) is a “discovery rule” case. Under 26 U.S.C.A. §29(a)(c) (West Supp. 1997), the Internal […] More...

121 Advent v. Hyder

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Advent Trust Co. v. Hyder, 12 S.W.3d 534 (Tex. App.—San Antonio 1999, pet. denied), is a discovery rule case. If applicable, the discovery rule tolls the running of the […] More...