law-oil-and-gas-natural-resources-litigation |
OIL & GAS LAW & LITIGATION
Lyle v. Guinn Revocable Trust (Tex.App.- Houston [1st Dist.] Mar. 11, 2010)(Keyes)
(oil and gas law, assignment of oil and gas lease, statute of limitations, laches, statute of frauds)
Lyle also argues that the Japhet heirs’ claims are barred by the statute of frauds. The statute of frauds requires
that certain agreements be in writing and that they be signed by the person to be charged with the promise or
agreement to be enforceable. See Tex. Bus. & Com. Code Ann. § 26.01 (Vernon 2009). Agreements to assign
an interest in an oil and gas leasehold estate are subject to the requirements of the statute of frauds. Westland
Oil, 637 S.W.2d at 908. As we have already discussed, the 1919 Assignment was in writing and was signed by
all of the parties involved in that transfer of the lease. Lyle subsequently signed the 1991 assignment in which
Hablinski transferred a portion of that lease to him with the express statement that the assignment was made
subject to the 1919 Assignment. This satisfies the statute of frauds.
We conclude that the Japhet heirs’ claims are not barred by the statute of frauds.
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Keyes
Before Justices Keyes, Sharp and Massengale
01-09-00081-CV Kenneth R. Lyle and Warbonnet Exploration Company v. Jane Guinn Revocable Trust, Perry
B. Menking, Jr. Investment Management Trust, Lynn Sahin, Kate Lutken Bruno Grantor Trust, Wesley Lutken
Grantor Trust, Daniel R. Japhet, Jr., Gretchen Japhet, Susan Japhet Scotty and Larken Japhet Sutherland
Appeal from 149th District Court of Brazoria County
Trial Court Judge: The Honorable Robert E. May
ERG Resources LLC v. Merlon Texas, Inc. (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Jennings)
(oil gas and minerals law, no breach of contract for sale, no conversion claim if minerals no longer owned by
plaintiff after assignment, transfer, conveyance)
AFFIRM TC JUDGMENT: Opinion by Justice Terry Jennings
Before Justices Jennings, Higley and Sharp
01-08-01007-CV ERG Resources. LLC v. Merlon Texas, Inc.
Appeal from 333rd District Court of Harris County
Trial Court Judge: The Honorable Joseph J. Halbach
Houchins v. Devon Energy Production Co. (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Massengale)
("In this appeal, we must determine whether the language of a deed is ambiguous and whether the deed
reserved mineral rights to the grantor. The district court held the deed unambiguously reserved to the grantor
all the minerals. We affirm")(interpretation of deed language)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Massengale
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00273-CV Cynthia A. Houchins and Darrell E. Houchins v. Devon Energy Production Co., L.P.
Appeal from 18th District Court of Johnson County
Trial Court Judge: Hon. John Edward Neill
MasTec North America, Inc. v. El Paso Field Services, LP (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Higley)
(oil and gas business, pipeline replacement, breach of contract, due diligence lacking, JNOV reversed, entry of
judgment on jury verdict ordered)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Higley
Before Justices Jennings, Keyes and Higley
01-07-00319-CV MasTec North America, Inc. and Mastec, Inc. v. El Paso Field Services, L.P. and Gulfterra
South Texas, L.P. f/n/a El Paso South Texas, L.P. Appeal from 334th District Court of Harris County
OPINION DISSENTING TO THE COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings
Pounds v. Jurgens (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Seymore)
(tax delinquency, foreclosure, void judgment as to mineral royalty interest, oil gas minerals law)
AFFIRMED: Opinion by Justice Seymore
Before Justices Brock Yates, Seymore and Boyce
14-07-00830-CV Pat Pounds, Alvin Community College District, Alvin Independent School District, The City of
Alvin, The City of Manvel, and Brazoria County v. Megan L. Jurgens and Judy Piper Leahy
Appeal from 239th District Court of Brazoria County
Trial Court Judge: Patrick Edward Sebesta
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