Decisions

This is a sample of matters and cases I have been involved with that have been reported.

Unclaimed Mineral Proceeds Commission

HB 724, 83rd Regular Session, Texas Legislature, by Guillen, relating to the creation of a commission to study unclaimed land grant mineral proceeds, provided for a commission to study and make recommendations to the legislature regarding the distribution of unclaimed mineral proceeds that are derived from an original Spanish and Mexican land grants, owned by a descendant of any grantee. The statute created the Unclaimed Mineral Proceeds Commission. I served as the Presiding Officer by appointment of Governor Rick Perry. Here is the Commission’s report.



Quigley v Bennett

This is a statute of frauds case. A geologist (Bennett) sued an oil and gas operator (Quigley), asserting causes of action for fraud, quantum meruit, and conversion seeking the value of an overriding interest in an oil and gas lease. A jury found in favor of the geologist on all theories of liability assessing damages of $1 million. The Court of Appeals affirmed the trial court's judgment. The Supreme Court ruled in favor of the operator and reversed the lower courts. I represented Mike Quigley.

VirTex Operating v. Bauerle

A proposal by oil and gas operator to install overhead power lines across the property owners' ranch to provide power to oil and gas wells was prohibited under the accommodation doctrine. I represented the operator. 

Longoria v Lasater

Plaintiffs contended that a mineral interest was held in trust and should have been distributed to them by the original trustees. Instead, the mineral interest was divided among the trustees' families and subsequently passed down to defendants. The court held that defendants conclusively established a clear chain of record title back to the sovereign. Further, the court held that plaintiffs had no equitable or legal interest in the disputed tract, thereby negating any factual or legal basis for plaintiffs' claims of fraud, breach of fiduciary duty, and misapplication of fiduciary property. I represented the defendants (Lasater).

Unique v Onder

A staff leasing company (Unique) argued that the commission agreement with a salesman (Onder) was unenforceable because a representative from the company did not sign the contract. The court concluded that the salesman signed the contract and mailed it back to the company, as was requested, and that the company accepted the contract by performing in accordance with the contractual terms.  I represented Unique.

Lucke v. Kimball

The remaining partner (Lucke) contended that the withdrawing partner (Kimball) was not entitled to receive the net value of her partnership interest, but, rather, was limited to an amount specified in the parties' partnership agreement. The appellate court found that the withdrawing partner's withdrawal from the partnership and the withdrawals of the other partners all had the same effect: dissolution of the partnership. Thus, the appellate court held that the withdrawing partner exercised her inherent power to dissolve the partnership when she gave the remaining partner oral notice of her withdrawal and that she was entitled to payment in cash of the net amount owing to her from any surplus after discharge of the partnership's liabilities. I represented Janice Kimball.

Armstrong v. Hixon

The residuary estate passed to the testator's brother's then-living children, including appellant, descendent and the trustee. Appellants counterclaimed requesting a declaration that the term "descendant" included the adult-adoptee. The court applied the law as it existed at the time the will was executed in 1964. The court found that an individual adopted as an adult was a child of the adopting parents for all purposes and could inherit from them, but the law did not then suggest that the adopted adult could also inherit "through" the adoptive parents. Consequently, the adopted adult could not be deemed a beneficiary under the residuary trust. I represented Sarita Armstrong Hixon and her siblings.

Yturria v. Kimbro

Appellee landowners filed a lawsuit for the partition of three separate tracts of land. Appellant landowner alleged that the tract had separate characteristics that should have been considered in connection with the partition. Appellant also requested a jury trial on the partionability in kind of each of the various tracts. The trial court held a pretrial hearing and determined that no fact issue existed for trial. On appeal, the court held that the trial court erred when it failed to hold a trial on the equitable considerations raised by the parties. I represented Marion Yturria Kimbro. 

Martin v. Black

During mediation, the parties reached agreement on a number of terms they outlined in two handwritten documents referred to as term sheets. After an issue could not be resolved, appellant opted to continue litigation, and appellees sought to enforce the term sheets as final settlement agreements. The court held an issue of fact existed as to the parties' intent to be bound by the term sheets where one of the term sheets contained a provision stating the parties' understandings were subject to securing documentation satisfactory to the parties. The court found appellant was entitled to a jury trial on the fact issue where appellant made a timely and appropriate request. I represented Josephine Martin.