Tuesday, July 17th, 2018
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. Laddex, Ltd., 513 S.W.3d 476 (Tex. 2017), held that the trial court erred in submitting a jury charge question that limited the jury’s consideration to a […]

Monday, November 7th, 2016
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Anadarko Petroleum Corporation v. TRO-X, L.P., No. 08-15-00158-CV, 2016 WL 1073046 (Tex. App.—El Paso Mar. 18, 2016, pet. filed) (Top leases) recognized a presumption that a lessor’s execution of a new lease terminated […]

Monday, February 1st, 2016
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.      Rippy Interests, LLC v. Nash held that operations commenced prior to the expiration of the primary term were sufficient to propel the lease past the expiration of the primary term […]

Thursday, September 3rd, 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. Hamman v. Bright & Co., 924 S.W.2d 168 (Tex. App.—Amarillo 1966, no writ history) holds that a top lease violates the Texas constitutional rule against perpetuities, which provides that “[P]erpetuities . […]

Thursday, September 3rd, 2015
Richard F. Brown Fasken Land and Minerals, Ltd. v. Occidental Permian Ltd.,          S.W.3d                                                                                                                        , 2005 WL 1539260 (Tex. App.—El Paso 2005, pet. denied), addresses disputes involving a preferential right to purchase provision and a removal of operator provision. Occidental or its affiliates (“OXY”) were the operator and seller of a 75% interest in the MFU […]

Thursday, September 3rd, 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.   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Production Company v. Red Deer Resources, LLC  held that a top lessee’s judgment terminating the base lease could be superseded on appeal by posting a $25,000.00 bond. […]

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.   In Cambridge Production, Inc. v. Geodyne Nominee Corp., 292 S.W.3d 725 (Tex. App.—Amarillo 2009, pet. denied) a top leasee sought the termination of the base oil and gas leases […]