Brian W. Farabough


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The firm of Lovell, Lovell, Isern and Farabough is pleased to report that Brian Farabough’s appeal before The Texas Supreme Court resulted in a favorable ruling for our clients. The Texas Supreme Court announced their decision in Richard D. Crawford v. XTO Energy Inc. (Cause #15-142) on Friday, February 3, 2017. This case addressed whether the owner of a small mineral tract who has to sue the operator for unpaid royalties can be forced to also sue all the adjacent royalty owners or others who receive money the operator claims was for royalties on the small mineral tract.

The Court ruled that the trial court abused its discretion in holding that the adjacent landowners are necessary parties under Rule 39 merely because of XTO’s payments to them, and in dismissing Crawford’s suit for his failure to join those adjacent landowners. The Court reversed the court of appeals’ judgment and remanded the case to the trial court for further proceedings consistent with its opinion.

To review the Court’s opinion, follow the below link:

To watch a recording of Brian Farabough’s oral arguments in this case follow the below link listed under September 2016.

September 2016

RICHARD D. CRAWFORD V. XTO ENERGY INC. (15-0142) - view video
9/15/2016 @ 9:00 AM (length 44:11)
Originating county: Tarrant County
Originating from: 7th District Court of Appeals, Amarillo

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