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

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. 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
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. 09-03-051 CV
Regular Panel Decision
Dec 11, 2003

Magnolia Bend Volunteer Fire Department, Inc. v. John J. McDonnell and Montgomery County Emergency Services District No. 5

The Magnolia Bend Volunteer Fire Department, Inc. (Fire Department) sued Montgomery County Emergency Services District No. 5 (the District) and John McDonnell, alleging improper transfer of property and breach of fiduciary duty. The District counterclaimed, asserting the original deed placing title in the Fire Department's name was constitutionally void and seeking a resulting trust. The trial court sided with the District, finding the deed void and imposing a resulting trust, and ruled against the Fire Department's claims. The Fire Department appealed, raising issues regarding McDonnell's fiduciary duty, the voidness of the deed, and the imposition of a resulting trust. The Court of Appeals affirmed the trial court's judgment, finding no reversible error in the trial court's findings.

Warranty DeedAssignment of LeaseBreach of Fiduciary DutyResulting TrustConstitutional LawTexas ConstitutionProperty OwnershipPublic FundsVolunteer Fire DepartmentEmergency Services District
References
12
Case No. No. 10-07-00320-CV
Regular Panel Decision
Oct 08, 2008

Joan E. Givens, Shannon Kraus, and Gregory D. Givens, Individually and as Independent of the Estate of William L. Givens, J. Harold Sewell and Alamo Title Company v. Elvis Ward and Dianna Ward

This case concerns a property transaction involving the sale of a 115-acre tract from the Givenses to the Wards, where a mineral interest reservation specified in the sales contract was omitted from the subsequent warranty deed. The Wards filed a declaratory judgment action, claiming ownership of the mineral rights, while the Givenses counterclaimed for deed reformation based on mutual mistake. Additionally, J. Harold Sewell and Alamo Title Company intervened, alleging breach of a compliance agreement and seeking specific performance from the Wards for refusing to sign a correction deed. The trial court granted summary judgment for the Wards, but the appellate court found genuine issues of material fact regarding the original agreement for mineral reservation and the existence of a mutual mistake. Consequently, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Real Estate LawMineral RightsDeed ReformationMutual MistakeContract InterpretationSummary JudgmentAppellate ReviewProperty LawCompliance AgreementTexas Law
References
59
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. 13-24-00074-CV
Regular Panel Decision
Jan 15, 2026

Zachary K. Mills, Robin Mills, and Edgegrove Homes, LLC v. Deborah Rupp and Edward Rupp

The Millses appealed a trial court's judgment awarding equitable relief, damages, and attorney's fees to the Rupps. The dispute arose from the Millses' plans to build a two-story home, allegedly violating deed restrictions for single-story residences and lateral setbacks in the Treadwell Subdivision. The Rupps' claims included breach of contract and enforcement of deed restrictions. The trial court sided with the Rupps, awarding damages and attorney's fees. On appeal, the court affirmed the equitable relief and attorney's fees under the Texas Property Code, but reversed the damage award and related attorney's fees due to insufficient evidence supporting actual damages.

Deed RestrictionsRestrictive CovenantsBreach of ContractEquitable ReliefAttorney's FeesMootness DoctrineDeclaratory JudgmentProperty LawTexas Appellate LawReal Estate Litigation
References
41
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