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Bomar Oil & Gas, Inc. v. Loyd

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OPINION ON REHEARING

D. Mark Loyd sued BoMar Oil & Gas, Inc., the operator of the Marie C. Dodge Well in which Loyd has an unleased mineral interest, for fraud, violations of the Deceptive Trade Practices Act, and an accounting.

On original submission, we reversed the jury’s fraud and DTPA findings and we modified the judgment by deleting awards for attorney’s fees, additional damages under the DTPA, and pre-judgment interest. See Bomar Oil & Gas, Inc. v. Loyd, No. 10-08-00016-CV, 2009 Tex. App. LEXIS 5505 (Tex. App.–Waco July 15, 2009, no pet. h.) (mem. op.). We also reduced the amount of actual damages by $1,000. Id. We did not address the jury’s award of $1,000 for Loyd’s share of oil separated into tanks at Williams Common Point. Id.

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