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

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. 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. Nos. 01-04-01277-CV to 01-04-01287-CV; 01-04-01326-CV to 01-04-01333-CV
Regular Panel Decision
Jan 26, 2006

Jim Wells County v. EL PASO PRODUCTION OIL

This case involves multiple Texas counties and school districts (Taxing Units) alleging fraud and conspiracy against numerous oil and gas companies (Oil Companies). The Taxing Units claimed the Oil Companies undervalued oil and gas reserves for ad valorem tax purposes through various manipulative schemes, leading to underpayment of taxes. The trial court dismissed the lawsuits due to lack of subject-matter jurisdiction, asserting that the Taxing Units failed to exhaust administrative remedies available under the Texas Tax Code. The Court of Appeals affirmed the dismissal, holding that the Tax Code provides a comprehensive and exclusive regulatory scheme for addressing property appraisal disputes, including those involving alleged fraud, through the Appraisal Review Board, thereby divesting district courts of original jurisdiction.

Property TaxAd Valorem TaxOil & GasFraudConspiracyUndervaluationExclusive JurisdictionAdministrative RemediesAppraisal Review BoardTax Code
References
17
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
Case No. 01–04–01277–CV
Regular Panel Decision
Jan 26, 2006

Zapata County and Zapata Independent School District v. Conocophillips Company on Its Own Behalf and as Successor–by–merger to Conoco Inc. (f/K/A Continental Oil Company, Inc.) Brandywine Industrial Gas, Inc. Phillips Petroleum Company El Paso Production Oil and Gas Company

This opinion consolidates 19 separate suits filed by various Texas counties and school districts (Taxing Units) against numerous oil and gas companies (Oil Companies). The Taxing Units alleged fraud and conspiracy to defraud through schemes to undervalue oil and gas reserves for ad valorem tax purposes, leading to underpayment of taxes. The trial courts granted the Oil Companies' pleas to the jurisdiction, dismissing the cases because the Taxing Units failed to exhaust administrative remedies under the Texas Tax Code. The Court of Appeals affirmed the trial court's decision, concluding that the Tax Code provides the exclusive means for addressing such claims, establishing a pervasive regulatory scheme through the Appraisal Review Board, and offering remedies like challenging valuations or back-appraising omitted property. The court held that the Taxing Units cannot bypass the comprehensive statutory scheme by recharacterizing tax disputes as common-law fraud cases.

Ad Valorem TaxProperty ValuationTax FraudAdministrative RemediesExclusive JurisdictionTexas Tax CodeAppraisal Review BoardOil and Gas TaxationMineral InterestsExhaustion of Remedies
References
14
Case No. 13-02-136-CV
Regular Panel Decision
Apr 07, 2005

Mission Resources, Inc., F/K/A Bellwether Exploration Co. and Coastal Oil & Gas Corp. and Coastal Oil & Gas USA. L. P. v. Garza Energy Trust

This case from the Thirteenth District of Texas Court of Appeals addresses an appeal by Mission Resources, Inc. (formerly Coastal Oil & Gas Corp.) against Garza Energy Trust, et al., concerning a $14 million judgment. Appellees alleged subsurface trespass caused by Coastal's hydraulic fracturing (fracing) of a well on an adjacent tract, leading to drainage of gas and gas condensate from their mineral leases. Other claims included breaches of good faith pooling and implied covenants. The court affirmed the trial court's judgment on findings of subsurface trespass, malice, felony theft, and bad faith pooling, upholding the punitive damages award. However, the court reversed and remanded the issue of attorneys' fees, requiring segregation between recoverable and unrecoverable claims.

Hydraulic FracturingSubsurface TrespassOil and Gas LawMineral LeasesRoyalty DisputesPunitive DamagesCorporate MaliceFelony TheftBad Faith PoolingImplied Covenants
References
51
Case No. 13-10-00439-CV
Regular Panel Decision
Jul 26, 2012

El Paso Production Oil & Gas USA L. P. N/K/A El Paso E&P Company, L. P. v. Kenneth Sellers

This appeal concerns a title dispute over a mineral estate in Hidalgo County, Texas. Appellant El Paso Production Oil & Gas USA, L.P. challenged the trial court's grant of partial summary judgment to Appellee Kenneth Sellers. Sellers claimed vested record title to mineral interests in Lots 9 and 12, seeking an accounting of oil and gas proceeds. El Paso contended that Sellers's chain of title was broken by competing claims and prior conveyances. The appellate court found that neither party definitively proved or disproved superior title, indicating genuine issues of material fact remained. Consequently, the court reversed the trial court's judgment and remanded the case for further proceedings.

Title disputeMineral rightsOil and gas lawSummary judgment reviewAppellate procedureTexas property lawReal estate titleChain of titleHidalgo CountyReversal
References
14
Case No. 10-05-00382-CV
Regular Panel Decision
Nov 21, 2007

Trail Enterprises, Inc. D/B/A Wilson Oil Company, Thomas G. Rogers, Catherine Baumann, Carolyn Whipple, Mrs. S. Kelley Bruce, John Hobbs Kelley, Mary Virginia Kelley Ingram, Daystar Oil & Gas Corporation, John Alexander, Rebecca Bruce Jones v. the City of Houston

This appeal addresses Trail Enterprises' inverse-condemnation claim against the City of Houston due to an ordinance banning oil drilling on their property near Lake Houston. The trial court initially found the City liable and a jury assessed damages, but later dismissed the case for lack of jurisdiction, deeming the claims unripe. The appellate court examined whether Trail's claims were ripe, particularly regarding the exhaustion of administrative remedies. It concluded that the claims were ripe upon the ordinance's enactment, as a permit application would have been futile. Consequently, the appellate court reversed the trial court's judgment and rendered a judgment in favor of Trail Enterprises, awarding substantial damages and interest, and transferring mineral rights to the City of Houston.

Inverse condemnationoil drilling prohibitionripeness doctrineadministrative remedies exhaustionregulatory takingproperty rightssummary judgmentTexas appellate lawmunicipal ordinanceLake Houston
References
15
Case No. 06-00061-CV
Regular Panel Decision
Aug 20, 2015

A.J.P. Oil Company, LLC D/B/A Grapeland Fuel & BBQ, and Andrew J. Patton v. Velvin Oil Company, Inc.

Appellants (A.J.P. Oil Company, LLC, and Andrew J. Patton) appeal a summary judgment of $32,676.71 plus interest and fees, and the subsequent denial of their motion for new trial, in a suit brought by Velvin Oil Company, Inc. The core dispute stems from Velvin Oil's delivery of allegedly tainted diesel fuel to AJP in December 2013, which AJP contends caused substantial damages to customers' vehicles and their business. AJP argues the summary judgment was improper because their amended answer effectively controverted Velvin's sworn account claim, a genuine issue of material fact exists regarding payment, and the reasonableness of attorney's fees was demonstrably contested. Alternatively, AJP asserts that the Rusk County suit should have been abated due to a previously filed and dominant suit in Houston County involving the same parties and subject matter. Appellants therefore seek a reversal of the summary judgment and a remand for a new trial, or proper abatement of the current proceedings.

Summary JudgmentMotion for New TrialSworn AccountTainted FuelCompulsory CounterclaimAbatement of SuitAttorney's FeesContract DisputeCivil ProcedureAppellate Review
References
31
Case No. 01-21-00285-CV
Regular Panel Decision
May 18, 2023

GE Oil & Gas Pressure Control, L.P. v. Carrizo Oil & Gas, Inc.

This is an insurance subrogation case where Gemini Insurance Company, on behalf of its insured Carrizo Oil & Gas, Inc. (Carrizo), sued GE Oil & Gas Pressure Control, L.P. (GE) for damages from a well blowout. Carrizo alleged negligence, breach of contract, product liability, and breach of warranty. GE counterclaimed for Carrizo's negligence and indemnification. A jury found both parties negligent, but the trial court later disregarded Carrizo's negligence finding and awarded Carrizo over $2.5 million. On appeal, GE challenged Carrizo's standing, the disregard of the jury's verdict, and the enforceability of indemnity provisions. The Court of Appeals affirmed the trial court's judgment, concluding Carrizo had standing, GE failed to provide necessary expert testimony for Carrizo's negligence, and the indemnity clauses were unenforceable due to lack of signatory authority.

Oil and GasWell BlowoutNegligenceBreach of ContractProduct LiabilityBreach of WarrantyInsurance SubrogationIndemnity ClauseFair Notice RuleExpress Negligence
References
71
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