March 16, 2020

Burns Charest Secures Final Judgment and Complete Victory for Client with Declaration and Attorney’s Fees in Howard County Oil & Gas Litigation

Following a summary judgment win in December, Burns Charest obtained a final judgment in favor of Howard County clients, sisters Cara Nichols and Cynthia Morris, this past week. The Sisters, two mineral owners in Howard County, Texas, turned to the Court for a declaratory judgment after a mineral broker, Nomad Land and Energy Resources, LLC, threatened the Sisters with litigation over a failed purchase and sale agreement. The Sisters sought—and won—a declaration that they properly had terminated the purchase and sales agreement with Nomad. After a summary judgment win on the merits, led by partner Daniel Charest and associate Ryan Gaddis, the Court entered its final judgment in favor of the Sisters declaring that the Sisters had no further obligations under the failed agreement and, further, ordered that Nomad must pay $141,983.19 in attorney’s fees and costs for the cost of the suit. 

 “The Court correctly vindicated the Sisters’ actions and protected their right to be free from these types of strong-arm tactics,” said Charest. And he added, “This case shows that mineral owners can stand up to aggressive brokers and seek the protection of the Courts when a deal goes bad.” 

The case is Cara Nichols and Cynthia Morris v. Nomad Land and Energy Resources, LLC, Cause No. 53695, in the 118nd District Court, Howard County, Texas.