Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Harrison v. Bass Enterprises Production Co., 888 S.W.2d 532 (Tex. App.–Corpus Christi, no writ), considers the duty owed by lessee to a nonparticipating royalty owner for wrongful payment of royalty, […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. In Bachler v. Rosenthal, 798 S.W.2d 646 (Tex. App.–Austin 1990, writ denied), lessors brought suit against oil and gas lessees seeking the cancellation of a lease as 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. 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 […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Diamond Shamrock Exploration v. Hodel, 853 F.2d 1159 (5th Cir. 1988), holds that no royalty is due on take-or-pay payments unless and until gas is actually produced and taken. Gas […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Wilson v. United Texas Transmission Co., 797 S.W. 2d 231 (Corpus Christi 1990, no writ), reviews the liability of a gas purchaser to a royalty owner when the lessee […]
Richard F. Brown Cartwright v. Cologne Prod. Co., 182 S.W.3d 438 (Tex. App.—Corpus Christi 2006, pet. denied), holds that post-production costs are deductible proportionately from the royalty interest under the lease and division order in question. The lessee, Cologne, ran the gas produced from the lease through gathering lines, treatment facilities and compressors, all located […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Tana Oil and Gas Corp. v. Cernosek, 188 S.W.3d 354 (Tex. App.—Austin 2006, pet. denied), is a class action royalty accounting case on processed gas brought by lessors against their […]
