Supreme Court of Texas

Expert testimony regarding damages - though properly based on the amount of gas that a hypothetical, timely drilled well would have produced - is unreliable and is therefore no evidence. Because defendants failed to present any competent evidence on an essential element of their cause of action, they take nothing.

Appellate Information

• Argued 01/22/2003
• Decided 01/30/2004
• Published 01/30/2004

Judges

• Justice SMITH delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice JEFFERSON, Justice SCHNEIDER, Justice WAINWRIGHT, and Justice BRISTER joined.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• J. Harrell Feldt,Vinson & Elkins, Houston, S. Tom Morris, Underwood Wilson Berry Stein & Johnson, P.C., Amarillo, for petitioner.


• For Appellees:
  
• Robert D. Lemon, Guy Kelly Cooksey, Otis C. Shearer, Lemon Shearer Phillips & Good, P.C., Perryton, for respondent.