Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

McCall v. Tana Oil and Gas Corp.

When a judgment not intrinsically interlocutory in character is rendered and entered in a case regularly set for a conventional trial on the merits it will be presumed for appeal purposes that the court intended to, and did, dispose of all parties legally before it and all issues made by the pleadings between such parties.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Tom C. McCall and David B. McCall (the “McCalls”) appeal from a judgment that they take nothing by their claims against Tana Oil and Gas Corporation and Robert B. Rowling (“appellees”). We will affirm the judgment in part and reverse in another part, remanding to the trial court the part reversed.

THE CONTROVERSY

John Niemeyer retained the McCalls to represent him in litigation with Tana Oil and Gas Corporation. In Niemeyer’s behalf, the McCalls sued the corporation on October 19, 1995, in the Fayette County district court, to recover mineral royalties allegedly owed Niemeyer. *fn2 Very soon thereafter, appellees alleged various causes of action in a suit against the McCalls, Niemeyer, and other members of the Niemeyer family, filed November 2, 1995, in a district court of Nueces County. On April 22, 1998, in an original mandamus action brought by the McCalls, the Thirteenth Court of Appeals ordered abatement of the Nueces County suit, but not before the McCalls had incurred substantial attorneys’ fees defending against appellees’ Nueces County suit. See In re McCall, 967 S.W.2d 934 (Tex. App.-Corpus Christi 1998, orig. proceeding).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
Go to Events Go to Webcasts
PUBLIC FINANCE ATTORNEY

Public Finance Attorney wanted for established New Jersey bond counsel firm located in Cranford, New Jersey. New Jersey municipal and schoo...


Apply Now ›
TAX ATTORNEY - NEW YORK

Experienced tax attorney to assist growing corporate practice. Candidate should have a minimum of 7 years' experience in corporate and par...


Apply Now ›
(ASSOCIATE) PROFESSOR OF PRACTICE OFFICE FOR ACADEMIC SKILLS INSTRUCTION AND SUPPORT

University of California College of the Law, San Francisco ( UC Law SF, formerly, UC Hastings ), located in downtown San Francisco, seeks...


Apply Now ›
Go to Lawjobs