Heman v. Jefferson

This is the second time this cause appears in the appellate court. Plaintiff seeks cancellation of an oil and gas lease. We reverse and remand, finding that plaintiff was not entitled to summary judgment. A default judgment entered against one set of defendants may not be used as an admission of a disputed evidentiary matter by the nondefaulting defendants. Plaintiff’s summary judgment motion in effect used the defaulted defendants’ admission of a failure to reasonably produce the disputed property as the basis of cancelling the non-defaulting defendants’ interests in the property.

A detailed…