Opinion

Amarillo Oil Co. v. Energy-Agri Products, Inc.

  • 33 Tex. Sup. Ct. J. 623
  • 794 S.W.2d 20
  • 109 Oil & Gas Rep. 524
  • 1990 Tex. LEXIS 102
  • 1990 WL 93252
Court
Texas Supreme Court
Filed
Jun 27, 1990
Status
Published
Author
Mauzy
On the bench
Gonzalez, Ray, Hightower, Mauzy
Cited by
67 cases
Authority
More cited than 10.7%

defining a “formation” in the context of an oil-and-gas lease as a “succession of sedimentary beds that were deposited continuously and under the same general conditions . . . usually named for the town or area in which the [formation was] first recognized and described”

How later courts described this case

  • defining a “formation” in the context of an oil-and-gas lease as a “succession of sedimentary beds that were deposited continuously and under the same general conditions . . . usually named for the town or area in which the [formation was] first recognized and described”
  • holding lease of only oil and casinghead gas did not convey ownership of other gas or liquids that became mixed with product stream during production
  • concluding that a suit to enjoin trespass by "sand fracking" could proceed in a judicial forum
  • indicating that the Railroad Commission can determine for regulatory purposes who has the right to drill a well, but leaving the question of who owns the gas to the courts

Written by the judges who cited it.

The opinion

Dissenting opinions by

Justices GONZALEZ and MAUZY.

Justice HIGHTOWER not sitting.

MAUZY, Justice, dissenting.

I respectfully dissent. I cannot agree with the Court’s decision to remand this cause to the trial court in the interest of justice. Amarillo Oil freely chose the legal theory, whether correct or incorrect, on which it proceeded at trial. It requested the questions submitted to the jury, it introduced evidence regarding those questions, and it received answers from the jury regarding those questions. Unfortunately for Amarillo Oil, the jury’s answers were not favorable. Plainly, on the record before it, the trial court rendered a correct judgment. Such “an errorless judgment ... cannot be reversed in the interest of justice.” Uselton v. State, 499 S.W.2d 92, 99 (Tex.1973). I would affirm the judgment of the trial court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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