The issues are (1) whether Texas Civil Practice and Remedies Code chapter 95 applies to Wallace and Elite's suit and (2) whether, if chapter 95 applies, Wallace and Elite created a fact issue regarding Energen's control of the work and knowledge of the dangerous conditions to establish an exception to liability limitations under section 95.003.

The issue in this case concerns which party to a collateral attack on a judgment bears the summary-judgment burden to show whether the underlying judgment was obtained without regard for due process.

This case presents a dispute over the current ownership of an undivided one-eighth interest in the mineral rights to a family ranch, which turns on the scope of a 1998 deed purporting to convey all the grantor's right, title, and interest in the ranch.