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American Energy Services, Inc. v. Lekan

Court of Appeals of Ohio, Fifth Appellate District, Ashland County

February 12, 1992, Decided ; February 12, 1992, Entered

No. CA-986

Opinion

 [*207]   [**1316]  This is an appeal from a judgment of the Court of Common Pleas of Ashland County, Ohio, that granted summary judgment in favor of plaintiff-appellee, American Energy Services, Inc. ("appellee"), on its complaint against defendant-appellant, James V. Lekan ("appellant"), that contained five claims for relief with respect to an oil and gas lease encumbering appellee's property. The summary judgment granted by the trial court states:

"ORDERED, ADJUDGED AND DECREED that the oil and gas lease dated August 10, 1968, and recorded in Volume 59, Page 234, of the Ashland County Records, is hereby cancelled and plaintiff's title forever quieted against same free [***2]  of any and all rights or claims of the defendant thereunder, and it is further

"ORDERED, ADJUDGED AND DECREED that defendant has by his conduct abandoned any and all right, title and interest in the well upon the plaintiff's premises and the associated equipment thereon and title to such is hereby vested in the plaintiff."

Appellant assigns the following as error:

 [*208]  Assignment of Error No. I

"The trial court erred in granting plaintiff-appellee's motion for summary judgment pursuant to Ohio Civil Rule 56 as said ruling was contrary to law and was not sustained by the evidence."

Assignment of Error No. II

"The trial court erred in overruling defendant-appellant's motion for summary  [**1317]  judgment pursuant to Ohio Civil Rule 56 as said ruling was contrary to law and was not sustained by the evidence."

Assignments of Error Nos. I and II

As these two assigned errors raise the single claim that the trial court's judgment is contrary to law, they will be addressed together.

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75 Ohio App. 3d 205 *; 598 N.E.2d 1315 **; 1992 Ohio App. LEXIS 903 ***

AMERICAN ENERGY SERVICES, INC., Appellee, v. LEKAN, Appellant

Subsequent History:  [***1]  As Amended. Reporter's Note: A motion to certify the record to the Supreme Court of Ohio was overruled in (1992), 64 Ohio St.3d 1431, 594 N.E.2d 972.

Prior History: CHARACTER OF PROCEEDING: Civil Appeal from the Court of Common Pleas. Case No. 34131

Disposition: Judgment affirmed.

CORE TERMS

lease, lessee, oil and gas lease, drilling, oil, implied covenant, leasehold, rights, primary term, indicates, premises, deposition, forfeiture, pipeline, recorded, royalty, shut-in, summary judgment, seventeen years, court finds, abandoned, landowner, covenant, summary judgment motion, due diligence, oil and gas, expiration, producing, terminate, trial court

Civil Procedure, Appeals, Standards of Review, De Novo Review, Summary Judgment Review, General Overview, Summary Judgment, Entitlement as Matter of Law