Case study

Mandamus Action on Venue Question

December 3, 2012 Case Study

In re Kerr

This case involved allegations of breach of fiduciary duty with respect to oil and gas interests. The plaintiffs sought to recover millions in damages for the alleged misappropriation of certain oil and gas interests located in Harris County, Texas. The defendant sought to transfer venue to Harris County, but the trial court refused.  Beck Redden was hired to file a mandamus petition on the venue question.  Reasoning that a suit for damages based on misappropriation of oil and gas interests is, in substance, an action for ownership of the mineral interests, the court of appeals held that the action is governed by a Texas statute that requires suits concerning ownership of real property to be litigated in the county where the property is located.  The mandamus action was handled by Beck Redden partner Russell Post.

Russell S. Post 713.951.6292