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L&B Appellate and Energy, Oil and Gas Teams win big victory in appellate court

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.

Authors

Catherine M. Stone

Author

With nearly four decades of legal and judicial experience, Catherine M. Stone brings a seasoned and realistic view to legal issues. Board certified by the Texas Board of Legal Specialization in civil appellate law, Catherine served as a justice on the Fourth Court of Appeals for nearly 21 years. ...

Clinton M. Butler

Author

Clinton Butler is a Shareholder who works in both the San Antonio and Karnes City Offices and also serves as the Chair of Langley & Banack, Inc.’s Oil, Gas & Energy practice group.  Clinton’s oil and gas practices primarily center around representing landowners in transaction and lit...

Elizabeth Kopecki

Author

Elizabeth Kopecki is a Shareholder in Langley & Banack’s Karnes City office. Since joining the firm in 2013, Ms. Kopecki’s practice has focused on landowner representation in litigation, transactional, and appellate matters involving oil, gas, and energy, title disputes, and questions reg...

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