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By Joe Giarrusso: In Louisiana, a lawsuit is generally deemed abandoned when the parties fail to take any step in its prosecution for three years. This rule is operative without any formal order.
13-99-757, 2005 WL 167051 (Tex.App.—Corpus 27, 2005, pet. In the Supreme Court of Texas) Emerald, a subsequent lessee of Exxon, sued Exxon for wrongful conduct “in the development and abandonment of oil and gas wells in the Mary Ellen O’Connor Field.” Exxon’s Petition for Review was filed September 9, 2005, arguing that: 1.
The well was a dry hole, however, and was therefore plugged and abandoned on April 21, 2006. At trial, the mineral servitude owner testified that in 2005, the Cotton Valley drilling activity was ramping up and other operators near the servitude successfully drilled gas wells. A well was spud on March 28, 2006.
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