Brush v. Reata Oil & Gas Corp.

OPINION

REX D. DAVIS, Chief Justice.

Reata Oil and Gas Corporation (“Reata”) and Shield Petroleum, Incorporated (“Shield”) brought a declaratory judgment action against Appellant Charles F. Brush, seeking a determination of the respective rights of the parties under a contract between Brush and Reata. See Tex. Civ. PRAC. & Rem.Code Ann. § 37.004 (Vernon 1997). Three weeks later Brush filed a separate suit against Reata, Shield, and Ray Powell (collectively, “Appellees”) alleging common law fraud, statutory fraud, and breach of the contract which is the basis of the declaratory judgment action.…