Wednesday, September 2nd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   XCO Production Company v. Jamison, _____ S.W.3d ____, 2005 WL 1242289 (Tex. App.—Hous. [14 Dist.] 2005, no pet.), holds that the two-year contractual limitations period contained in a joint […]

Wednesday, September 2nd, 2015
Richard F. Brown   Valence Operating Company v. Dorsett, 164 S.W.3d 656 (Tex. 2005), construes the notice and non-consent provisions applicable to subsequent operations under the A.A.P.L. Form 610–1977 Model Form Operating Agreement (“JOA”), as primarily determined by the notice provision found in Article VI.B.(1) of the JOA. The key holding in the case is […]

Wednesday, September 2nd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Navasota Resources, L.P. v. First Source Texas, Inc., 249 S.W. 3d 526 (Tex. App.–Waco 2008, pet. filed), construes the preferential right to purchase provision in the 1989 M.F.O.A. as […]

Wednesday, September 2nd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   XTO Energy Inc. v. Smith Production Inc., 282 S.W.3d 672 (Tex. App.—Houston [14th Dist.] 2009, pet. granted), holds that a non-consent election under a 1982 A.A.P.L. form JOA as […]

Wednesday, September 2nd, 2015
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. Killam Oil Co., LTD., 239 S.W.3d 293 (Tex. App.—San Antonio August 8, 2007, pet. denied), holds that the individual loss provision of a joint operating […]

Wednesday, September 2nd, 2015
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Capitol Wireless, LP v. XTO Energy, Inc. held that a Participation Agreement (“PA”) was an enforceable contract to drill a test well, notwithstanding that the parties failed to include a Joint Operating Agreement […]

Wednesday, September 2nd, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Fleet Oil & Gas, Ltd. v. EOG Resources, Inc.,  held that the attorney’s fee provision under a 1989 MFOA attached as an exhibit to a participation agreement did not […]