admin, Author at Brown & Fortunato

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...

011 Diamond Shamrock Exploration v. Hodel

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Diamond Shamrock Exploration v. Hodel, 853 F.2d 1159 (5th Cir. 1988), holds that no royalty is due on take-or-pay payments unless and until gas is actually produced and taken. […] More...

030 Killam Oil Co. v. Bruni

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. Killam Oil Company v. Bruni, 806 S.W.2d 264 (Tex. Civ. App.–San Antonio 1991, no writ history), holds that Texas royalty owners are not entitled to share in take-or-pay […] More...

055 Wilson v. United Texas Transmission Co.

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. Wilson v. United Texas Transmission Co., 797 S.W. 2d 231 (Corpus Christi 1990, no writ), reviews the liability of a gas purchaser to a royalty owner when the […] More...

056 Hurd Enterprises, Ltd. v. Bruni

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. Hurd Enterprises, Ltd. v. Bruni, 828 S.W.2d 101 (Tex. App. – San Antonio 1992, writ den.), is the second of two related cases addressing the issue of whether […] More...

061 Exploracion De La Estrella Soloataria Incorporation v. Birdwell

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. Exploracion De La Estrella v. Birdwell, 858 S.W.2d 549 (Tex. App.–Eastland 1993, no writ), construes the effect of executing division orders after a lease has terminated. The land […] More...

078 Heritage Resources Inc., v. Nations Bank

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Heritage Resources, Inc., v. Nations Bank – S.W. 2d –, 1996 WL 200362 (April 25, 1996, motion for rehearing pending), is a very recent Texas Supreme Court opinion in […] More...

083 Judice v. Mewbourne Oil 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. In Judice v. Mewbourne Oil Co., 39 Tex. S. Ct. J. 533 (April 25, 1996), Mewbourne deducted a pro rata part of post-production compression costs from lessor’s royalty. The […] More...

120 Coastal Oil & Gas v. Roberts

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Coastal Oil & Gas Corp. v. Roberts, 2000 Tex. App. LEXIS 5974 (Tex. App.—Corpus Christi 2000, n.p.h), construes a provision of an oil and gas lease which permits the […] More...

131 Yzaguirre v. KCS Resources, 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 Yzaguirre v. KCS Resources, Inc., 53 S.W.3d 368 (Tex. 2001), a unanimous Texas Supreme Court (Justice O’Neill not participating) held that the lessee’s market value royalty payments may […] More...