Mobberly v. Wade
44 N.E.3d 313
Ohio Ct. App.2015Background
- Mobberly appeals a trial court grant of summary judgment to Wade in an oil and gas lease dispute.
- The lease dates back to 1928 with Gerbers; Wade acquired all lease rights in 1993.
- Wells on Mobberly’s land have produced oil and gas; Ergon handles collection and royalty payments.
- Oil produced was commingled with neighbor’s oil on one occasion; royalties were allocated.
- Disputes include production sufficiency, sale/marketing of gas, and ODNR reporting obligations; implied covenants raised only on appeal.
- Court granted summary judgment for Wade; issues about implied covenants were deemed waived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Oil production from Mobberly’s land | Mobberly: oil sold to Ergon did not prove it came from his land | Wade: production from Mobberly’s land shown by records; commingling one-time event does not negate production | Oil production proved; lease extended via habendum |
| Sale of gas and marketing duties | Mobberly: Wade’s self-sale of gas violates implied marketing duty | Wade: lease allows sale to himself; royalty payments satisfied | No breach; sale to self not prohibited by lease; gas production suffices to extend lease |
| Implied covenants (development/marketing) | Waived for lack of trial-court raising; not reviewable on appeal |
Key Cases Cited
- Campbell Oil Co. v. Shepperson, 7th Dist. No. 05 CA 817, 2006-Ohio-1763 (Ohio App. 7th Dist. 2006) (summary-judgment standard guidance; Dresher framework references)
- Dresher v. Burt, 75 Ohio St.3d 280, 662 N.E.2d 264 (Ohio Supreme Court 1996) (move-for-summary-judgment burden-shifting)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317, 364 N.E.2d 267 (Ohio Supreme Court 1977) (summary-judgment standard authority)
- Mauersberger v. Marietta Coal Co., 2014-Ohio-21 (7th Dist. 2014) (issues not raised in trial court are waived on appeal)
- State v. Abney, 2005-Ohio-146 (12th Dist. 2005) (issues not raised in trial court may not be raised on appeal)
- Humble Oil Ref. Co. v. West, 508 S.W.2d 812 (Tex. 1974) (outlines LH sharing when mixtures are homogeneous)
- Page v. Jones, 1920-NMSC-039, 26 N.M 195, 190 P. 541 (New Mexico 1920) (shared-mass approach for mixed production)