admin, Author at Brown & Fortunato

031 Hayes v. E.T.S. Enterprises, Inc

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Hayes v. E.T.S. Enterprises. Inc., 809 S.W.2d 652 (Tex. App.–Amarillo 1991, writ requested), is every land department’s worst nightmare. Pogo Producing Company released by mistake a lease it […] More...

397 EOG Resources Inc. v. Hurt

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. EOG Resources, Inc. v. Hurt, 357 S.W.3d 144 (Tex. App.—Fort Worth, 2011, pet. denied), held that an oil and gas lessee was not obligated to compensate lessor’s tenant for […] More...

493 BP Am. Prod. Co. v. Red Deer Res., 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. BP America Production Company v. Red Deer Resources, LLC held that a top lessee’s judgment terminating the base lease could be superseded on appeal by posting a $25,000.00 bond. […] More...

447 Fain Family First Ltd. Partnership v. EOG 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. Fain Family First Ltd. P’ship v. EOG Res., Inc., No. 02-12-00081-CV, 2013 WL 1668281 (Tex. App.—Fort Worth Apr. 18, 2013, no pet.) held that a well is not capable […] More...

039 Marifarms Oil & Gas, Inc. v. Westhoff

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Marifarms Oil &Gas. Inc. v. Westhoff, 802 S.W.2d 123 (Tex. App.–Fort Worth 1991, no writ), involved a producing lease with one gas well which ceased production for 84 […] More...

499 Potts v. Chesapeake Exploration, L.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. Potts v. Chesapeake Exploration, L.L.C. held that the net-back method should be used to determine market value at the point of sale when there are no comparable sales at the […] More...

498 Warren v. Chesapeake Exploration, L.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. Warren v. Chesapeake Exploration, L.L.C. held that the royalty clause of an oil and gas lease permitted deduction of post-production costs incurred by lessee in delivering marketable natural gas from […] More...

490 French v. Occidental Permian 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. French v. Occidental Permian Ltd. held that royalty owners were required to share in the cost of removal of carbon dioxide (“CO2”) from casinghead gas re-injected for secondary recovery operations […] More...

383 Basic Energy Service, Inc. v. D-S-B Props., 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. Basic Energy Serv., Inc. v. D-S-B Props., Inc., 367 S.W.3d 254 (Tex. App.—Tyler 2011, judgm’t vacated w.r.m.), upheld the award of damages to a royalty owner arising out of […] More...

326 Beckham Res., Inc. v. Mantle Res., L.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. Shell Oil Co. v. Ross, 356 S.W.3d 924 (Tex. 2011), held that neither the doctrine of fraudulent concealment nor the discovery rule will toll the statute of limitations when […] More...