Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Primrose Operating Company, Inc. v. Jones1 holds that the standard form drilling contract used by the parties did not provide that all operations conducted after the well exceeded the footage […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Dimock v. Kadane1 holds that the parties to an A.A.P.L. Form 610 Model Form Operating Agreement (1956) impliedly waive their right to compel partition. Joint owners of undivided mineral interests have […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Stroud Prod., L.L.C. v. Hosford, 405 S.W.3d 794 (Tex. App.—Houston [1st Dist.] 2013, pet. denied) held that a lessee could intentionally washout an overriding royalty interest by allowing the […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Paradigm Oil, Inc. v. Retamco Operating Inc., 330 S.W.3d 342 (Tex. App.—San Antonio 2010, pet. granted) (Fraud based on concealment of payout); Paradigm Oil, Inc. v. Retamco Operating, Inc., […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Trafalgar House Oil & Gas Inc. v. De Hinojosa, 773 S.W.2d 797 (Tex. App.–San Antonio 1989, no writ), was a suit for damages brought by the lessor against the lessee […]
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 […]