Retamco Operating, Inc. v. Douglas B. McCallum, LLC, No. 08-0405 (Tex. Feb 2009)
RETAMCO OPERATING, INC. v. DOUGLAS B. MCCALLUM, LLC; from Bexar County; 4th district
(04-07-00482-CV, ___ SW3d ___, 04-09-08)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.
Per Curiam Opinion
On Petition for Review from the
Court of Appeals for the Fourth District of Texas
Retamco Operating, Inc. (ROI), a Texas corporation, sued Paradigm Oil, Inc., another Texas
corporation, over unpaid royalties involving Texas oil and gas interests. During the litigation,
Paradigm transferred a portion of its Texas oil and gas interests to Douglas B. McCallum, LLC
(DMLLC), a Colorado company. The contract for the transfer of the interests was executed in
Colorado. ROI then sued DMLLC, alleging that the transfer of the interests was in violation of the
Texas Uniform Fraudulent Transfer Act. DMLLC filed a special appearance, arguing that because the
parties executed the contract in Colorado, the exercise of personal jurisdiction over DMLLC was not
warranted. The trial court granted the special appearance and the court of appeals affirmed. ___ S.W.
3d at ___.
For the reasons stated in Retamco Operating, Inc. v. Republic Drilling Co., ___ S.W.3d ___, (Tex.
2009), we reverse the court of appeals’ judgment and remand for trial.
OPINION DELIVERED: February 27, 2009