Jones v. Strauss, No. C-7072
| Court | Supreme Court of Texas |
| Writing for the Court | PER CURIAM |
| Citation | 745 S.W.2d 898 |
| Parties | B.H. JONES, Relator, v. Honorable Gus J. STRAUSS, et al., Respondents. |
| Docket Number | No. C-7072 |
| Decision Date | 24 February 1988 |
Page 898
v.
Honorable Gus J. STRAUSS, et al., Respondents.
Ronald G. Byrnes and Allen R. Lazor, Byrnes, Lazor & Fischer, Houston, for relator.
Philip Gates, Gates, Stein & Sebesta, Columbus, for respondents.
PER CURIAM.
This is an original proceeding for writ of prohibition in which B.H. Jones seeks to prevent Jack Colle and the two district judges in Colorado County, the Honorable Gus J. Strauss and the Honorable B.B. Schraub, from forcing him to relitigate his right to an accounting for production on a
Page 899
certain oil and gas producing property. Jones seeks the writ of prohibition on the basis that this court has already rendered final judgment for him in Jones v. Colle, 727 S.W.2d 262 (Tex.1987). Because a majority of the court concludes the action of Respondent Colle is in conflict with this court's opinions in Cherokee Water Co. v. Ross, 698 S.W.2d 363 (Tex.1985) and Humble Oil and Refining Co. v. Fisher, 152 Tex. 29, 253 S.W.2d 656 (1952), we grant the writ of prohibition against Respondent Colle. For the reasons given below, we deny the writ of prohibition against the district judges, without prejudice to refiling.The controversy arose from a suit originally styled Jack Colle v. Winifred E. Curry, et al. in the Second 25th District Court of Colorado County. B.H. Jones, as Intervenor and cross-plaintiff, brought an action against Colle for declaratory relief to construe an oil and gas lease, and Colle sought cross relief over against Jones. All issues among all parties other than Jones and Colle were settled by an Agreed Judgment.
Resolution of the dispute between Jones and Colle required construction of an oil and gas lease. Colle moved for summary judgment declaring that Jones' mineral interest in a second adjacent tract was covered under Colle's lease because of the "Mother Hubbard" clause in the lease. Jones moved for summary judgment that his mineral interest was not included by the Mother Hubbard clause because it was not specifically leased and was not a small piece or strip existing without the knowledge of one or both parties to the lease. The only remedy for which Jones prayed in his motion for summary judgment was an accounting from Colle.
The trial court denied Jones' motion and granted Colle's motion, declaring that the adjacent tract was included in the lease. Jones appealed Colle's judgment against him, with no other parties involved in the appeal. The court of appeals affirmed the trial court's judgment. This court then reversed and rendered judgment for Jones in Jones v. Colle, 727 S.W.2d 262 (Tex.1987). In two separate places this court's opinion states that judgment was rendered for B.H. Jones. 727 S.W.2d at 262, 263. The written judgment recorded in the Minutes of this court states:
This court now renders judgment as should have been rendered below:
In accordance...
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City of Garland v. Dallas Morning News, No. 98-0617
...determine all questions presented. See Commissioners Court of Titus County v. Agan, 940 S.W.2d 77, 81 (Tex. 1997); Jones v. Strauss, 745 S.W.2d 898, 900 (Tex. 1988). The reviewing court should render the judgment that the trial court should have rendered. See Agan, 940 S.W.2d at 81; Members......
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Camacho v. Samaniego, No. 08-95-00329-CV
...may appeal both the summary judgment granted against it, as well as the denial of its motion for summary judgment. Jones v. Strauss, 745 S.W.2d 898, 900 (Tex.1988). All the evidence accompanying both motions should be considered in order to determine whether to grant either one. Edinburg Co......
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Bailey v. City of Austin, No. 03-97-00789-CV
...trial court grants one motion and denies the other, the appellate court should determine all questions presented. See Jones v. Strauss, 745 S.W.2d 898, 900 (Tex.1988). In the instant case, both parties moved for summary judgment on three of appellants' five causes of action. 4 Thus, both ag......
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State Farm Fire & Cas. Co. v. S.S., No. D-1339
...TEX.R.APP.P. 180 (judgment in the supreme court); Tobin v. Garcia, 159 Tex. 58, 316 S.W.2d 396, 400-01 (1958); accord Jones v. Strauss, 745 S.W.2d 898 The procedural posture is no different when summary judgment is granted on one but not all of several grounds advanced in the motion. The tr......
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Camacho v. Samaniego, 08-95-00329-CV
...may appeal both the summary judgment granted against it, as well as the denial of its motion for summary judgment. Jones v. Strauss, 745 S.W.2d 898, 900 (Tex.1988). All the evidence accompanying both motions should be considered in order to determine whether to grant either one. Edinburg Co......
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City of Garland v. Dallas Morning News, 98-0617
...determine all questions presented. See Commissioners Court of Titus County v. Agan, 940 S.W.2d 77, 81 (Tex. 1997); Jones v. Strauss, 745 S.W.2d 898, 900 (Tex. 1988). The reviewing court should render the judgment that the trial court should have rendered. See Agan, 940 S.W.2d at 81; Members......
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Bailey v. City of Austin, 03-97-00789-CV
...trial court grants one motion and denies the other, the appellate court should determine all questions presented. See Jones v. Strauss, 745 S.W.2d 898, 900 (Tex.1988). In the instant case, both parties moved for summary judgment on three of appellants' five causes of action. 4 Thus, both ag......
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Houle v. Jose Luis Casillas, Casco Invs. Inc., 08-17-00189-CV
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