Successful Venue Appeal Returns Litigation to Houston Courts
September 21, 2009On July 30, 2009, the Beaumont Court of Appeals issued an opinion granting mandamus relief from a venue ruling and ordered a judge to transfer a suit against our clients to the trial courts in Houston. The litigation, In re Kerr, involves allegations of breach of fiduciary duty with respect to oil and gas interests. The plaintiffs seek to recover millions in damages for the alleged misappropriation of certain oil and gas interests which are located in Harris County, Texas. Reasoning that a suit for damages based on misappropriation of oil and gas interests is, in substance, an action for ownership of the mineral interests, the court of appeals held that the action is governed by a Texas statute that requires suits concerning ownership of real property to be litigated in the county where the property is located. The appeal was handled by BRS partner Russell Post, with assistance from his appellate colleague Doug Pritchett. (Opinion attached)