Yowell v. Granite Operating Co.

Patrick A. Pirtle Justice

On Appeal from the 31st District Court Wheeler County, Texas
Trial Court No. 12
,944, Honorable Steven R. Emmert, Presiding

Before CAMPBELL and PIRTLE and PARKER, JJ.

It is with the utmost respect that I dissent from the opinion of my learned colleagues. One can read thousands of opinions regarding complex oil and gas litigation and never encounter the terms "anti-washout," "rule against perpetuities," and "doctrine of cy pres" in the same opinion. It is the uniqueness of those rarely cited principles that has caused me to examine so closely the appropriateness of the trial court's summary disposition of this dispute. Because the majority affirms the decision of the trial court to dispose of this dispute, as a matter of law, based upon the rule against perpetuities and then dismisses consideration of the doctrine of cy pres—I respectfully dissent.

Patrick A. Pirtle

Justice