Face Challenges Confidently

DISCOVERY RULE

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.  Shivers v. Texaco Exploration and Production, Inc., 965 S.W.2d 727 (Tex. App.—Texarkana 1998, pet. denied) is a “discovery rule” case. Under 26 U.S.C.A. §29(a)(c) (West Supp. 1997), the Internal Revenue […]

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.   Advent Trust Co. v. Hyder, 12 S.W.3d 534 (Tex. App.—San Antonio 1999, pet. denied), is a discovery rule case. If applicable, the discovery rule tolls the running of the […]

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.  Rodessa Resources, Inc. v. Arcadia Exploration and Production Co., 5 S.W.3d 363 (Tex. App.—Texarkana 1999, no pet.h.), considers the date limitations will begin to run in cases involving fraud and […]

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.  Vial v. Gas Solutions, Ltd., 187 S.W.3d 220 (Tex. App.—Texarkana 2005, no pet.) determines whether the heirs to an alleged defrauded party have standing to bring suit and whether fraudulent […]

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.  Ford v. ExxonMobil Chemical Co., 235 S.W.3d 615 (Tex. 2007), examines whether limitations should bar an equitable action to quiet title. Five years after signing an amendment granting a pipeline […]

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.   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 […]

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.  HECI Exploration Co. v. Neel, 982 S.W.2d 881 (Tex. 1998), is probably the most significant oil and gas case for oil and gas royalty owners in the past decade. It […]