admin, Author at Brown & Fortunato

135 MCEN 1996 Partnership v. Glassell

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. MCEN 1996 Partnership v. Glassell, 42 S.W.3d 262 (Tex. App.–Corpus Christi 2001, pet. denied), holds that the right to partition may be waived by executing a designation of unit. […] More...

146 Dimock v. Kadane

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Dimock v. Kadane1 holds that the parties to an A.A.P.L. Form 610 Model Form Operating Agreement (1956) impliedly waive their right to compel partition. Joint owners of undivided mineral […] More...

441 Stroud Prod., LLC v. Hosford

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Stroud Prod., L.L.C. v. Hosford, 405 S.W.3d 794 (Tex. App.—Houston [1st Dist.] 2013, pet. denied), held that a lessee could intentionally wash out an overriding royalty interest by allowing […] More...

439 Wynne/Jackson Dev., L.P. v. PAC Capital Holdings, 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. Wynne/Jackson Dev., L.P. v. PAC Capital Holdings, Ltd., No. 13-12-00449-CV, 2013 WL 2470898 (Tex. App.—Corpus Christi June 6, 2013, pet. denied) (mem. op.), held that a conveyance of a […] More...

350 Paradigm Oil, Inc. v. Retamco 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. Paradigm Oil, Inc. v. Retamco Operating Inc., 330 S.W.3d 342 (Tex. App.—San Antonio 2010, pet. granted) (Fraud based on concealment of payout); Paradigm Oil, Inc. v. Retamco Operating, Inc., […] More...

033 Hydrocarbon Horizons, Inc. v. Pecos Development Corp.

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. In Hydrocarbons Horizons. Inc. v. Pecos Development Corp., 797 S.W.2d 265 (Tex. App.– Corpus Christi 1990), writ denied per curiam, 803 S.W.2d 266 (Tex. 1991), a consultant was […] More...

054 Exploration Co. v. Vega Oil & Gas 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. Exploration Co. v. Vega Oil & Gas Co., 843 S.W. 2d 123 (Tex. App. –Houston [14th Dist.] 1992, writ den.), concerns the application of an overriding royalty to […] More...

090 Transamerican Natural Gas Corp. v. Finkelstein

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Transamerican Natural Gas Corp. v. Finkelstein, 933 S.W.2d 591, 1996 WL 40010 (Tex. A.P.—San Antonio, August 14, 1996), addressed the right of an overriding royalty owner to share in […] More...

103 Horizon Resources, Inc. v. Putnam

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Horizon Resources, Inc. v. Putnam, 976 S.W.2d 268 (Tex. App.—Corpus Christi 1998, n.w.h.), determines whether an overriding royalty payable to the Lessor and included in an attached addendum to […] More...

221 Boldrick v. BTA Oil Producers

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Boldrick v. BTA Oil Producers, 222 S.W.3d 672 (Tex. App.—Eastland 2007, no pet.), holds that an overriding royalty interest subject to an operating agreement (“JOA”) and burdening a non-consenting […] More...