The 4th Court of Appeals issued an opinion in Pauler v. M & L Minerals reversing an adverse judgment against our clients. The Court of Appeals ruled that the appellees had conveyed the disputed royalty interests to our clients when they issued a deed conveying the property “subject to” all royalty conveyances and reservations. There were no prior royalty reservations or exceptions. The issue of using “subject to” language arises often in oil and gas litigation, and the Pauler decision is consistent with the 4th Court’s 2018 decision in Gonzalez v. Janssen, another case successfully appealed by Langley and Banack’s appellate team.
The Pauler case involved the work of Shareholder Elizabeth Kopecki as lead drafter on the briefing and presenting her first oral argument before the Court. Shareholder Clinton Butler participated in oral argument, as well, and Shareholder and Former Chief Justice of the 4th Court of Appeals, Cathy Stone, served as the overall coordinator of the appellate effort.