News
Texas Supreme Court to Determine Whether Accommodation Doctrine Applies to Groundwater Rights
The Texas Supreme Court has granted a petition for review in Coyote Lake Ranch, LLC v. The City of Lubbock. Oral argument is scheduled for October 14, 2015. The issue presented by the case is whether the accommodation doctrine as historically applied to the...
Texas Super Lawyers
Super Lawyers magazine, a joint publication of Thomson Reuters and Texas Monthly, named two of our attorneys as "Super Lawyers" in the 2015 edition. Charles M. "Boxy" Hornberger (Estate & Trust Planning) and Rudy A. Garza (Estate & Trust Litigation).According...
Beneficiaries Standing to Sue on Behalf of Trust
On July 27, 2015, the Fifth Court of Appeals in Dallas held that Texas law does not permit trust beneficiaries to bring derivative claims on behalf of the trust against the trustee or against third parties. Plaintiff Sandra Goebel was a unit holder in the Hugoton...
Texas Supreme Court Broadly Applies Attorney Qualified Immunity
In a 5-4 split decision issued June 26, the Texas Supreme Court broadly defined when an attorney defendant may use the qualified attorney immunity doctrine.The case stems from a contentious divorce proceeding between Philip Byrd and Nancy Simenstad. The divorce decree...
Lightning Oil v. Anadarko Texas Supreme Court Case Update
Anadarko filed its Response to Lightning Oil’s Petition for review on June 19, 2015 arguing the Texas Supreme Court should refrain from changing the appellate ruling earlier this year. The San Antonio Fourth Court of Appeals held that Lightning failed to establish an...
Texas Supreme Court Denies Claim for Reformation of a Deed as Untimely
On March 24, 2015, the Texas Supreme Court decided the case of Cosgrove v. Cade. This case emphasizes that parties to a real estate transaction need to make sure that the written instruments conveying the property accurately reflect the property interests that are...
Sheehan Selected as Distinguished Young Alumnus
St. Mary's University School of Law selected Hornberger Fuller & Garza Incorporated attorney, Ty Hunter Sheehan, as the Distinguished Young Alumnus for 2015. This prestigious honor will be presented at the annual Distinguished Law Graduate Dinner on October 23,...
Texas Supreme Court Clarifies Scope of Duty Owed by Executive Rights Holder to Holder of Non-Participating Royalty Interests
On March 6, 2015, the Texas Supreme Court issued its opinion in the KCM Financial LLC et al. v. Bradshaw case regarding duties owed by the holders of executive rights to the owners of non-participating royalty interests.Bradshaw inherited non-participating royalty...
Texas Supreme Court Refrains from Ruling on Subsurface Water Trespass Issue
On February 6, 2015, the Texas Supreme Court issued its ruling in Environmental Processing Systems LC v. FPL Farming Ltd. Both energy companies and land owners were highly anticipating a ruling as to whether deep subsurface wastewater that migrates under neighboring...
Texas Supreme Court Rules for Mineral Owner in Hooks v. Samson
In a decision issued January 30, 2015, the Texas Supreme Court reversed the court of appeals decision that had barred the mineral owner’s fraud claims, holding that the claims were not timely filed.Hooks has a lease of its minerals with Samson. At issue in this case...