Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of January 18, 2010

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Winegar v. Martin,   No.   02-09-00019-CV   (Jan. 21, 2010)   (Walker, J., joined by Dauphinot and Gardner, JJ.).

Held: The Martins met their summary judgment burden by establishing that no genuine issue of material fact exists and that they are entitled to judgment as a matter of law that the deed from Alvie Winegar to the Martins unambiguously reserved an undivided 1/9 nonparticipating royalty interest. Additionally, the Winegars have not produced a scintilla of probative evidence raising a genuine issue of material fact on mutual mistake.

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