CASE NOTE Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. JVA Operating Co. v. Kaiser-Francis Oil Co., 11 S.W. 3d 504 (Tex. App. — Eastland 2000, pet. denied) concerns the reservation of a production payment in a conveyance […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Ridge Oil Co., Inc. v. Guinn Investments, Inc., No. 02-0599, 2004 WL 1966096 (Tex. Sept. 3, 2004), is an important case on the temporary cessation of production (“TCOP”) doctrine, lease […]
Richard F. Brown ExxonMobil Corporation v. Valence Operating Company, 174 S.W.3d 303 (Tex. App.— Houston [1st Dist.] 2005, pet. filed), holds the operator liable for substantial damages for breach of the uniform maintenance of interest (“MOI”) provision of the parties’ joint operating agreement (“JOA”). The MOI provision was the typical form JOA provision found in […]
Richard F. Brown EOG Res., Inc. v. Wagner & Brown, Ltd., 202 S.W. 3d 338 (Tex. App.—Corpus Christi 2006, pet. filed), construes the meaning of a farmout agreement depth limitation expressed as “the deepest producing interval as obtained in the test well”. Farmor retained the deep rights under a provision in the farmout agreement which […]
Richard F. Brown Seagull Energy E & P, Inc. v. Eland Energy, Inc., 207 S.W.3d 342 (Tex. 2006), determines whether the sale of a non-operating working interest that is subject to an operating agreement releases the seller from its obligations to the operator under the operating agreement. Seagull as operator sued Eland as non-operator and […]
CASE NOTE Richard F. Brown Broesche v. Jacobson, 218 S.W. 3d 267 (Tex. App. Houston [14th Dist.] 2007, no pet., holds that “working interest” and “leasehold interest” do not necessarily have the same meaning. In this case, the text described the interest to be transferred as “[o]ne-half of all oil and gas interests of the […]
CASE NOTE Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Moon Royalty, LLC v. Boldrick Partners, 244 S.W.3d 391 (Tex. App.—Eastland 2007, no pet.), held that a conveyance of the wells and lands described on Exhibit ―A‖ to […]
