Face Challenges Confidently

LITIGATION

Friday, September 4th, 2015
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 […]

Friday, September 4th, 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 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 […]

Friday, September 4th, 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.   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 […]

Friday, September 4th, 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.   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 […]

Friday, September 4th, 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.  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 […]

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.   In Gavenda v. Strata Energy, Inc., 705 S.W.2d 690 (Tex. 1986), the Supreme Court refused to find division orders a bar to recovery of underpaid royalties. The case arose […]

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. Amoco Production Co. v. Smith, 946 S.W.2d 162 (Tex. App. – El Paso 1997, n.w.h.), considers the statute of limitations applicable to the recovery of royalty overpayments in an action brought […]