621 Brammer Petroleum, Inc. v. Bagley Minerals, L.P. No. 06-15-00091-CV, 2016 WL 3212496 (Tex. App.—Texarkana June 8, 2016, no. pet.)

Richard F. Brown

The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.

Brammer Petroleum, Inc. v. Bagley Minerals, L.P. No. 06-15-00091-CV, 2016 WL 3212496 (Tex. App.—Texarkana June 8, 2016, no. pet.) (mem. op.) (Lease termination for cessation of production) held that a conflict between a contract pumper’s records and the contract pumper’s testimony created a fact issue precluding summary judgement as to whether leases terminated for failure to produce for more than ninety consecutive days. Three leases contained the same ninety-day clause, which included production as part of the defined term “operations.” The contract pumper’s records showed no production in May, June and July 2013. The contract pumper’s testimony in his deposition was that there was 69 Mcf of gas produced in July. The court held that conflicting evidence from the same witness may create a fact question precluding summary judgment.

The case was reversed and remanded.