pjc-oil-and-gas-2022-lib

L ESSOR -L ESSEE I SSUES

PJC 303.22

validity of an excuse could also present a fact question. See Braslau , 561 S.W.2d at 806, 809–10 (affirming trial court’s fact findings on temporary cessation, diligence, and resumption of production in reasonable time); see also Ridge Oil Co. , 148 S.W.3d at 151–52 (not requiring unforeseeable and unavoidable for valid excuse); Natural Gas Pipeline Co. of America v. Pool , 124 S.W.3d 188, 203–10 (Tex. 2003) (Jefferson, J., dissenting) (discussing history and purpose of temporary cessation of production doctrine and potential issues for the fact finder). If the doctrine applies to the cause of cessation, the lessee is entitled to a reasonable time in which to exercise diligence to remedy the defect and resume production. Watson , 155 S.W.2d at 784.

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