Richard F. Brown Sauceda v. Kerlin, 164 S.W.3d 892 (Tex. App.—Corpus Christi 2005, pet. filed), considers the duty owed by the holder of the executive right to a non-participating royalty owner. The case involved a lengthy and complicated fact pattern bearing on the ownership of Padre Island. Simplified, immediately after the Mexican land grant to […]
Richard F. Brown Ramirez v. Flores, No. 04-05-0075-CV, 2006 WL 927295 (Tex. App.—San Antonio April 12, 2006, no pet.), is a suit for reformation of a deed. Ramirez agreed to sell the surface and 1/16th of the mineral estate in certain land to Flores. After the sale closed, Ramirez discovered that the title company made […]
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 re Discovery Operating, Inc., 16 S.W.3d 898, (Tex. App.—Eastland 2007, no pet.) holds that the Texas Railroad Commission (“Commission”) does not have exclusive or primary jurisdiction over claims […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. City of Mont Belvieu v. Enterprise Products Operating, 222 S.W.3d 515 (Tex. App.—Houston [14th Dist] 2007, no pet.) holds that the Legislature did not intend to fully preempt a […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Exxon Corp. v. Emerald Oil & Gas Co., 331 S.W.3d 419 (Tex. 2010),held that the Texas Natural Resources Code creates private causes of action for breach of the statutory […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Kohout v. City of Fort Worth, 292 S.W.3d 703 (Tex. App.—Fort Worth 2009, no pet.) held that a Fort Worth citizen was not harmed by the grant of a high […]
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 […]