David Ohrt, Sandra Hester, and Judy Sinast v. Union Gas Corporation, 398 S.W.3d 315

Oil and gas leases authorize pooling; Union Gas pooled Ohrt/Albrecht and Ohrt/Heinold units in 2000–2001.
Unit designations were filed Jan 15, 2001 (Ohrt-Heinold) and Oct 10, 2000 (Ohrt-Albrecht) with effective dates tied to first production.
Royalties were paid to Ohrts based on unit decimals; Ohrts later sought 3/16 royalties retroactive to first production.
Designation and division orders stated effective date as the date of first production, with Ohrts signing division orders accepting payments.
Jury found no bad-faith pooling, but found Ohrts ratified/waived pre-pooling royalties and depth-limit waivers; trial court entered judgment consistent with verdict.
This appeal challenges pre-pooling royalties, depth limitations, attorney’s fees, and joinder/participation of related parties.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Pre-pooling royalties—waiver/ratification estoppel	Ohrt argues entitlement to 3/16 royalties prior to Jan 15, 2001.	Union/Gas asserts waiver/estoppel prevents full pre-pooling recovery.	Evidence supports the jury on waiver/ratification; pre-pooling royalties foregone.
Depth limitation validity in pooling	Unit exceeded 320 acres + 10% and depth limit; pooling invalid.	Amendments let pooling include additional acreage; no breach.	Jury findings upheld; depth-limit defenses sustained.
Attorneys’ fees recovery	Section 38/Chapter 91 fees should be recoverable for breach claims.	No prevailing breach claim; fees not recoverable.	No attorney’s fees awarded; no prevailing contract claim.
Joinder of McAdams/Chilcoat as third-party defendants; trial impact	Joinder improper after settlements; prejudicial to Ohrts.	Joinder proper; interests directly affected; settlements did not bar participation.	Court did not abuse discretion; joinder and trial participation permissible.

Tittizer v. Union Gas Corp., 171 S.W.3d 857 (Tex. 2005) (pooling effective only on recordation; retroactive designations invalid)
Gisler v. Union Gas Corp., 129 S.W.3d 145 (Tex. App.—Corpus Christi 2003) (cannot modify extant contract rights by unilateral unit designation)
City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standard for legal sufficiency review in appellate courts; weighing evidence)
Amoco Prod. Co. v. Alexander, 622 S.W.2d 563 (Tex. 1981) (reasonable prudent operator; conflicts with multiple lessees in field)
Whitley v. United States Steel Corp., 636 S.W.2d 465 (Tex. App.—Corpus Christi 1982) (duty to act as prudent operator; independent of other field-wide considerations)