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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. No. 08-13-00348-CV (TC#12-09-802)
Regular Panel Decision
Sep 23, 2015

EXLP Leasing LLC and EES Leasing LLC v. Loving County Appraisal District

This ad-valorem tax case concerns the taxation of natural gas pipeline compressor packages. Appellants, EXLP Leasing LLC and EES Leasing LLC, lease these compressor packages. The trial court initially ruled that the packages qualified as heavy equipment but found the taxable situs in Loving County and deemed the statutory formulas for market value and tax (Texas Tax Code Sections 23.1241 and 23.1242) unconstitutional as applied. On appeal, the Court of Appeals addressed the constitutionality of these statutes and the determination of taxable situs. The appellate court reversed the trial court's finding on constitutionality, holding that the statutes are not unconstitutional as applied, and affirmed the trial court's ruling that the taxable situs was indeed in Loving County.

Ad Valorem TaxHeavy EquipmentTaxation LawMarket Value AssessmentStatutory InterpretationConstitutional LawTaxable SitusTexas Tax CodeAppraisal DistrictProperty Tax
References
16
Case No. 15-25-00027-CV
Regular Panel Decision
Apr 07, 2025

Nicholas Kreines, David P. Ryan, Liberty Mineral Partners LLC, Nak Resources INC., and CGR Oil and Gas, LLC v. ES3 Minerals, LLC

ES3 Minerals, LLC, a mineral-interest broker, sued former employees Nicholas Kreines and David P. Ryan, and their companies Liberty Mineral Partners LLC and NAK Resources Inc. ES3 alleges theft of trade secrets, breach of fiduciary duty, and breach of non-competition agreements by Kreines and Ryan, who started LMP after leaving ES3. The district court initially issued a temporary injunction in November 2024, which was subsequently modified by the Texas Business Court in April 2025. The Appellants argue the injunction is deficient in specificity, reasoning, and bond amount, and that the evidence does not support its issuance, as LMP did not compete with ES3 and no imminent harm was proven.

Temporary InjunctionNon-Compete AgreementTrade Secrets MisappropriationBreach of Fiduciary DutyContract DisputeAppellate ReviewBusiness CourtMineral InterestsOil and Gas IndustryCovenant Not to Compete
References
36
Case No. 13-09-00213-CV
Regular Panel Decision
Dec 09, 2010

Unique Staff Leasing, LLC and Unique Staff Leasing I, Ltd. v. Richard Onder

This case involves an appeal from a jury verdict in a breach of contract dispute between Unique Staff Leasing, LLC, and Unique Staff Leasing I, Ltd. (Appellants) and Richard Onder (Appellee). The core of the dispute was an 'Independent Contractor and Commission Agreement' and prior oral agreements regarding commission payments. Unique argued that the agreements were unenforceable due to the statute of frauds and that Onder committed a prior material breach. The court rejected Unique's arguments, finding that the written agreement was not subject to the statute of frauds as its terms allowed performance within one year and that the jury's implicit finding of no material breach by Onder was reasonable. The appellate court affirmed the trial court's judgment, as modified, which awarded Onder $52,025.11 in lost commissions and additional attorney's fees.

Breach of ContractStatute of FraudsElectronic AgreementIndependent ContractorCommission AgreementJury VerdictLegal SufficiencyFactual SufficiencyContract InterpretationOral Agreement
References
73
Case No. 08-23-00058-CV
Regular Panel Decision
Dec 15, 2023

Powder River Mineral Partners, LLC, Sue May, Fred Herring, Ltd., Lafayette Brown Herring, III and Herbert Minerals Ltd. v. Cimarex Energy Co., Chapman, and KHH

This appeal concerns the interpretation of a 1947 deed, specifically addressing a 'double-fraction dilemma' in mineral conveyances. Appellants, successors to the 'May side' of the deed, sued Appellee Cimarex Energy Co. for alleged underpayment of royalties, asserting they are entitled to a floating 3/16th royalty interest. Appellees, the 'Chapman Successors,' contended the deed conveyed a fixed 3/128th royalty interest. The trial court granted summary judgment in favor of the Chapman Successors, determining a fixed 3/128th interest. The appellate court reversed, concluding that the deed conveyed a floating 3/16th royalty interest, consistent with the historical interpretation of such fractions as placeholders for future royalties rather than fixed arithmetic values.

Mineral Deed InterpretationRoyalty InterestDouble Fraction DilemmaFloating Royalty InterestFixed Royalty InterestOil and Gas LawTexas Supreme Court PrecedentContract ConstructionSummary Judgment AppealProperty Rights
References
15
Case No. MISSING
Regular Panel Decision

EXLP Leasing, LLC v. Galveston Cent. Appraisal Dist.

The case concerns a dispute between EXLP Leasing, LLC (EXLP) and the Galveston County appraisal district regarding the constitutional validity of a statutory formula for taxing leased natural-gas compressors and the proper taxable situs for this equipment. Galveston County challenged the Texas Tax Code provisions, arguing they undervalued the compressors at a "minute fraction" of their market value, violating constitutional requirements for "equal and uniform" taxation. The Supreme Court of Texas held that the county failed to rebut the strong presumption of constitutionality, clarifying that the legislature is not constitutionally mandated to base property valuation solely on market value. Furthermore, the Court determined that Washington County, where EXLP maintains its inventory and business operations, is the correct taxable situs, establishing a comprehensive statutory scheme that supersedes general situs rules. Consequently, the Supreme Court reversed the court of appeals' judgment and rendered a decision against Galveston County on both issues.

Property TaxTexas Tax CodeConstitutional LawValuation MethodTaxable SitusHeavy EquipmentNatural Gas CompressorsLegislative DiscretionEqual and Uniform TaxationMarket Value
References
60
Case No. MISSING
Regular Panel Decision

Cruz v. Regent Leasing Ltd. Partnership

Plaintiff Roberto Cruz commenced an action against Regent Leasing Limited Partnership for personal injuries sustained during a slip and fall. Cruz, a superintendent, was an employee of Mid-State Management Corp., hired by Regent Leasing to manage the property. Defendant Regent Leasing moved for summary judgment, arguing that the exclusivity of workers' compensation benefits precluded the action, suggesting plaintiff should be deemed their employee. The court denied the motion, finding no employer-employee or co-employer relationship between Cruz and Regent Leasing. The decision clarified that merely hiring an employer to manage premises does not establish an employer-employee relationship within the Workers’ Compensation Law.

Slip and FallPersonal InjuryWorkers' Compensation LawExclusive RemedySummary JudgmentEmployer-Employee RelationshipCo-EmployerManaging AgentLandowner LiabilityPremises Liability
References
17
Case No. 03-11-00327-CV
Regular Panel Decision
Feb 21, 2014

Cedar Contracting, Inc. and Lands & Leases, Inc. v. Ronald Hernandez and Connie Hernandez

This case involves a lease dispute between Cedar Contracting, Inc. and Lands & Leases, Inc. (Appellants) and Ronald Hernandez and Connie Hernandez (Appellees). Appellants appealed a trial court's summary judgment which declared that Cedar Contracting's assignment of its commercial lease rights and subsequent sublease violated the lease terms with Connie Hernandez. The appeals court affirmed the trial court's judgment, holding that the lease terminated upon Hernandez's notice of termination and that Cedar Contracting did not have an unrestricted right to assign or sublease the property without the landlord's consent. The court concluded that the phrase 'or its assigns' in the lease did not override the explicit restriction and found no error in the trial court's decision that Hernandez was justified in interfering with the sublease.

Lease DisputeCommercial LeaseAssignment of LeaseSubleaseLandlord ConsentSummary JudgmentContract InterpretationNotice of TerminationTortious InterferenceAttorney's Fees
References
32
Case No. 13-23-00492-CV
Regular Panel Decision
Oct 09, 2025

Robert S. Alcott III v. 1893 Oil and Gas, Ltd. and ELP2 Minerals, Ltd.

Appellants Robert S. Alcott III, Patricia Brashear, and Katie Lynn Stevenson appealed a summary judgment granted in favor of appellees 1893 Oil and Gas, Ltd. and ELP2 Minerals, Ltd. The dispute centers on mineral interests in Live Oak County, Texas, stemming from a 1922 "Alcott Deed" which appellants claim conveyed an undivided interest in oil, gas, or minerals. Appellees argued the claims were barred by the statute of limitations and the statute of frauds, asserting the Alcott Deed lacked an adequate legal description. The appellate court affirmed the trial court's decision, concluding that the Alcott Deed violated the statute of frauds due to an insufficient legal description of the purported mineral interest.

oil and gasmineral rightssummary judgmentstatute of fraudsproperty lawdeed interpretationappellate reviewreal estateTexas lawundivided interest
References
15
Case No. 01-17-00316-CV
Regular Panel Decision
Jul 14, 2022

Wes Gilbreath, Jr., Stacey Gilbreath Powell, Elliot Gilbreath, and Mark Ritter SignAd, Ltd., SignAd GP, LLC, Ben Nevis West, Ltd., Culcreuch West, LLC, Big Signs & Leasing 1, Ltd., Big Signs & Leasing 2, Ltd., Big Signs & Leasing 3, Ltd. El Al v. Lisa R. Gilbreath Horan, Individually and as Trustee of the Lisa Gilbreath Horan 2001 Irrevocable Trust

This appellate opinion addresses a dispute within the Gilbreath family business, involving appeals from a trial court's amended final judgment on various claims. The case originated from conflicts after the patriarch's death, leading to allegations of financial mismanagement and an involuntary commitment proceeding against Lisa R. Gilbreath Horan. Appellants challenged judgments on malicious prosecution, defamation, and breach of fiduciary duty. The appellate court partly affirmed, reversed, and remanded the judgment, notably finding that Lisa lacked standing for certain derivative claims, reversing the jury's finding of oppression, and modifying injunctive relief. The case also involves remands for reconsideration of attorney's fees and the issue of judicial expulsion.

Malicious ProsecutionDefamationBreach of Fiduciary DutyBusiness DisputesLimited PartnershipsLimited Liability CompaniesCorporate GovernanceShareholder RightsInvoluntary CommitmentAttorney's Fees
References
138
Case No. MISSING
Regular Panel Decision

Tana Oil and Gas Corp. v. Cernosek

Tana Oil and Gas Corp. appealed a district court's partial summary judgment which found Tana in breach of oil and gas lease agreements for underpaying royalties to a class of mineral-interest owners and improperly deducting gas-lift fees. The appellate court reversed the lower court's decision, ruling that Tana had correctly calculated royalties based on the "amount realized" from the sale of raw gas at the well. The court further determined that the lease agreements permitted the deduction of reasonable post-production costs and gas-lift fees. Consequently, the appellate court rendered judgment in favor of Tana, finding no breach of the lease agreements, and also reversed the award of damages and attorney's fees to the Class.

Oil and Gas LeaseRoyalty PaymentsBreach of ContractSummary JudgmentPost-Production CostsGas-Lift FeesAmount RealizedNet ProceedsMineral-Interest OwnersAppellate Review
References
24
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