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

Case No. 07-10-0397-CV
Regular Panel Decision
Aug 24, 2011

Chesapeake Exploration, L.L.C. v. Dallas Area Parkinsonism Society, Inc. and American Cancer Society High Plains Division, Inc.

Appellant Chesapeake Exploration, L.L.C. appealed a summary judgment granted to Appellees Dallas Area Parkinsonism Society, Inc. and American Cancer Society High Plains Division, Inc. Chesapeake sought to recover bonus money paid for oil and gas leases, arguing the trial court erred in finding its claims were barred by the nature of the leases as quitclaim deeds. The appellate court examined whether the leases, containing a special warranty, functioned as a quitclaim deed or purported to convey title to the property. It also reviewed arguments concerning justifiable reliance and causation in negligent misrepresentation claims. The Court of Appeals reversed the trial court's judgment and remanded the cause for further proceedings, finding the leases were not quitclaims and that issues of fact remained regarding negligent misrepresentation.

Summary JudgmentOil and Gas LeasesBonus MoneyRescissionRestitutionMutual MistakeUnilateral MistakeUnjust EnrichmentNegligent MisrepresentationCovenant of Seisin
References
38
Case No. 07-10-0397-CV
Regular Panel Decision
Aug 24, 2011

Chesapeake Exploration, L.L.C. v. Dallas Area Parkinsonism Society, Inc. and American Cancer Society High Plains Division, Inc.

Chesapeake Exploration, L.L.C. (Chesapeake) appealed the trial court's summary judgment in favor of Dallas Area Parkinsonism Society, Inc. (DAPS) and American Cancer Society High Plains Division, Inc. (ACS). Chesapeake sought to recover bonus money paid for oil and gas leases, asserting claims for breach of the covenant of seisin, rescission due to mutual mistake, unilateral mistake, money had and received/unjust enrichment, and negligent misrepresentation. The Charities argued the leases, despite containing a special warranty, operated as quitclaim deeds and that Chesapeake could not show justifiable reliance due to an independent title investigation. The appellate court concluded that the leases were special warranty deeds, conveying the property itself, not merely quitclaim deeds. Furthermore, the court found that Chesapeake's preliminary title investigation did not negate reliance or causation, as it reinforced the Charities' representations and failed to reveal the defects. Consequently, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Oil and Gas LeaseSummary JudgmentSpecial Warranty DeedQuitclaim DeedMutual MistakeUnilateral MistakeUnjust EnrichmentNegligent MisrepresentationCovenant of SeisinContract Dispute
References
42
Case No. 07-10-0397-CV
Regular Panel Decision
Aug 24, 2011

Manuel Gutierrez Torres v. State

Chesapeake Exploration, L.L.C. appealed a summary judgment that favored Dallas Area Parkinsonism Society, Inc., and American Cancer Society High Plains Division, Inc. Chesapeake sought to reclaim bonus money paid for oil and gas leases on property the Charities did not own. The Charities argued their special warranty leases served as quitclaim deeds, thereby barring Chesapeake's claims. The Court of Appeals determined the leases were special warranty deeds, conveying property title, not merely quitclaiming rights, and concluded Chesapeake's claims were not barred. Additionally, the court found that Chesapeake's independent title investigation did not negate justifiable reliance on the Charities' representations, as the investigation actually reinforced the belief that the Charities held proper title. Consequently, the trial court's judgment was reversed, and the case was remanded for further proceedings consistent with this opinion.

Oil and Gas LeaseSpecial Warranty DeedQuitclaim DeedMutual MistakeUnilateral MistakeNegligent MisrepresentationCovenant of SeisinSummary Judgment ReviewAppellate ReversalRemand
References
44
Case No. 08-17-00104-CV
Regular Panel Decision
Jan 08, 2020

WTX Fund, LLC v. Ray Holt Brown, Patti Holt Elkins, Janie H. Giddiens Trust, Bobby Van Holt Revocable Living Trust, Jay F. Holt, John Thomas Holt, Cheryl Jones, Debra Lynn Morgan Revocable Trust, Judy K. Wadsworth and Susan G. Wesson Revocable Living Trust

WTX Fund, LLC (Appellant) appealed the trial court's ruling on cross motions for summary judgment concerning the interpretation of a 1951 mineral deed. The core dispute was whether the original grantors conveyed their entire mineral interest or reserved their royalty interest. The trial court had granted summary judgment in favor of the Holt heirs (Appellees), concluding that the deed conveyed all mineral interests, including the royalty. However, the appellate court determined that the 1951 deed expressly excluded the grantors' royalty right in its entirety from the conveyance. Consequently, the appellate court reversed the trial court’s judgment, rendered partial judgment in favor of WTX, and remanded the case for a reconsideration of WTX’s remedy and attorney's fees.

Mineral Deed InterpretationRoyalty InterestNon-Participating RoyaltyExecutive RightsMineral Estate AttributesDeed ConstructionSummary JudgmentReversed JudgmentRemand for RemedyAttorney Fees
References
34
Case No. MISSING
Regular Panel Decision
Jun 15, 1984

Polito v. Polito

The plaintiff appealed a judgment dismissing her complaint seeking rescission of a release and reformation of a deed, alleging duress. The Supreme Court, Kings County, initially dismissed the complaint. The appellate court found ample evidence of the defendant's physical and emotional abuse, which compelled the plaintiff to sign the release, thus depriving her of free will. The court reversed the lower court's judgment, reinstated the complaint, and remitted the matter for entry of a judgment rescinding the release and reforming the deed to establish joint tenancy of the property.

DuressRescissionDeed ReformationDomestic ViolenceSpousal AbuseJoint TenancyEquitable ReliefAppellate ReviewFree WillRatification of Agreement
References
5
Case No. NO. 09-17-00464-CV
Regular Panel Decision
Jul 11, 2019

VEL Holdings, LLC v. Milhorn Development, LLC

VEL Holdings, LLC appealed a trial court's summary judgment favoring Milhorn Development, LLC in a dispute over oil and gas leases. VEL raised issues concerning Milhorn's standing and the trial court's declaration regarding Claire Oil and Gas, Inc.'s ownership of leases. The Court of Appeals affirmed the trial court's decision, ruling that Milhorn had standing due to demonstrable injury from withheld revenue. Furthermore, the court declined to review VEL's challenge to the validity of a Quitclaim Deed, citing VEL's failure to preserve this argument by not raising it in the trial court.

Oil & Gas LeasesDeclaratory JudgmentSummary JudgmentStandingQuitclaim DeedFarmout AgreementMineral InterestsAppellate ReviewAffirmative DefensesHardin County
References
30
Case No. MISSING
Regular Panel Decision

John K. Harrison Holdings, LLC v. Strauss

This case involves competing ownership claims to a real estate lot in Montgomery County due to unpaid taxes. John K. Harrison Holdings, LLC challenged a 1996 tax sale, claiming ownership through a 2001 quitclaim deed and arguing the tax judgment and sale were void because original owners were not made parties. R.M. Strauss, the current owner, invoked limitations defenses under the Texas Tax Code. The court affirmed the trial court's judgment, finding Harrison's claims were barred by the Tax Code's limitations provisions and that the statutory deposit requirement for challenging a tax sale was constitutional.

Tax SaleProperty Ownership DisputeConstitutional LawLimitations DefenseTexas Tax CodeQuitclaim DeedDelinquent TaxesAppellate ProcedureTrial Court AffirmationMontgomery County Real Estate
References
13
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. 04-14-00609-CV
Regular Panel Decision

Irma Lemus and Manuel Lemus v. John Rene Aguilar, Johnny B. Wells, Laura Ashley Wells, and Johnny Montoya Garza

This case involves an appeal concerning the ownership of a property at 106 Cameo in San Antonio, Texas. The primary dispute revolves around two competing deeds: an informal "will" signed in 2005 by Elvira Aguilar and Johnny Montoya Garza, intended to convey the property to Elvira's grandchildren (John Rene Aguilar, Laura Ashley Wells, and Johnny B. Wells), and a formal warranty deed signed in 2009 by Elvira Aguilar to Irma Lemus and Manuel Lemus, Jr. The appellees argue that the 2005 "will" functions as a valid gift deed, establishing their superior title. They contend that Elvira Aguilar lacked the mental capacity due to advanced Alzheimer's disease to execute the 2009 deed, rendering it void. Additionally, the appellees challenge the appellants' claim for reimbursement for property improvements, asserting a lack of good faith given the appellants' awareness of the adverse claims and the timing of the improvements. The authenticity of Elvira's signature on the 2005 document is also defended.

Property LawDeed DisputeMental CapacityAlzheimer's DiseaseGift DeedTrespass to Try TitleAttorneys FeesGood Faith ImprovementsAppellate ProcedureTexas Law
References
41
Case No. 05-18-00578-CV
Regular Panel Decision
Apr 11, 2019

Last Frontier Realty Corporation v. Budtime Forest Grove Homes, LLC

Appellant Last Frontier Realty Corporation appealed a summary judgment dismissing its claims against appellee Budtime Forest Grove Homes, LLC, concerning responsibility for insuring property under a deed of trust. Last Frontier had a promissory note with Budtime secured by a deed of trust, which required Last Frontier to maintain insurance and make escrow payments for premiums. After Last Frontier's policy expired and a storm damaged the property, Budtime initiated foreclosure due to non-renewal, leading Last Frontier to sue, alleging Budtime breached the deed of trust by failing to pay premiums from escrow or release the funds. The trial court granted summary judgment for Budtime, which Last Frontier appealed, also challenging a recital that the judgment was 'unappealable.' The appellate court modified the judgment to correct the clerical error of 'unappealable' to 'appealable' but affirmed the summary judgment, concluding the deed of trust unambiguously placed the duty to renew and maintain insurance on Last Frontier, not Budtime.

Summary JudgmentDeed of TrustInsurance ObligationEscrow FundsBreach of ContractAppellate ReviewClerical ErrorTexas LawProperty InsuranceForeclosure
References
13
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