Summary
The Eleventh Court of Appeals affirmed summary judgment declaring an oil and gas lease null and void. The court held that the lease expired after its one-year primary term because no oil, gas, or other minerals had been produced, and an exhibit permitting use of the well as a saltwater injection well did not extend the lease term.
Holdings
- The oil and gas lease expired at the end of its one-year primary term as a matter of law because no oil, gas, or other mineral was ever produced under the lease.
- Summary judgment was proper because the undisputed evidence established that the lease had expired as a matter of law, and any asserted summary judgment ground supported the judgment.
Questions Presented
- Whether the trial court erred in granting traditional summary judgment when Faith Oil claimed a material fact issue existed regarding whether Exhibit B continued the oil and gas lease in effect.
- Whether, under the unambiguous terms of the lease, the lease expired at the end of its one-year primary term because no oil, gas, or other mineral was produced.
Disposition
affirmed
Cases Cited (10)
- Sysco Food Servs., Inc. v. Trapnell, 890 S.W.2d 796, 800 (Tex. 1994)(followed)
- Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546, 548-49 (Tex. 1985)(followed)
- Dickey v. Club Corp. of Am., 12 S.W.3d 172, 175 (Tex. App.—Dallas 2000, pet. denied)(followed)
- M.D. Anderson Hosp. & Tumor Inst. v. Willrich, 28 S.W.3d 22, 23 (Tex. 2000)(followed)
- FM Props. Operating Co. v. City of Austin, 22 S.W.3d 868, 873 (Tex. 2000)(followed)
- Grinnell v. Munson, 137 S.W.3d 706, 714 (Tex. App.—San Antonio 2004, no pet.)(followed)
- Anadarko Petroleum Corp. v. Thompson, 94 S.W.3d 550, 554 (Tex. 2002)(followed)
- Gulf Oil Corp. v. Reid, 337 S.W.2d 267, 269 (Tex. 1960)(followed)
- Wagner & Brown, Ltd. v. Sheppard, 282 S.W.3d 419, 424 (Tex. 2008)(followed)
- Gulf Ins. Co. v. Burns Motors, Inc., 22 S.W.3d 417, 423 (Tex. 2000)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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