Lis Pendens: Operation and Effect

摘要

Burlington Resources ("Burlington"), defendant-appellant, appeals from a district court's award of summary judgment in favor of Bragg and Gleason ("Bragg"), plaintiff-appellees. In 1999, Bragg sues Continental Resources ("Continental") regarding conflicting claims to certain oil and gas leases, including the "White Lease," which is at issue in this matter. In November 2000, Continental files a lis pendens in the prior action against the real property described in the complaint, including the White Lease. Thereafter, as part of separate litigation between Continental and Burlington, Continental assigns its interest in several oil and gas leases, including the White Lease, to Burlington in January 2001. In the action by Bragg against Continental, the district court grants Continental's motion for partial summary judgment in September 2003, concluding that Continental's interest in the White Lease is superior to Bragg's interest. The parties, however, ultimately enter into a settlement agreement in June 2004 whereby Bragg agrees to "assign all right title & interest in all leases & minerals to [Continental] except in[the] White Lease," and Continental agrees to issue a check to Gleason for $325,000 and to "quitclaim interest in [the] White Lease to James Bragg."