RETAMCO OPERATING, INC. v. DOUGLAS B. MCCALLUM, LLC (other)

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No. 08-0405

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Retamco Operating, Inc., Petitioner,

v.

Douglas B. McCallum, LLC, Respondent

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On Petition for Review from the

Court of Appeals for the Fourth District of Texas

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PER CURIAM

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