law-venue
Venue Case Law - Venue Rulings (Tex. 2008)
In Re Transcontinental Realty Investors, Inc. No. 07-0608 (Tex. Nov. 14, 2008)
(venue mandamus in condemnation suit, motion to transfer venue)
IN RE TRANSCONTINENTAL REALTY INVESTORS, INC.; from Kaufman County; 5th district
(05-07-00726-CV, ___ SW3d ___, 07-25-07)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally
grants the petition for writ of mandamus.
Per Curiam Opinion
In re Team Rocket, LP, No. 06-0414 (Tex. May 23, 3008)(Opinion by Justice Paul Green)(mandamus
granted)(mandamus granted to enforce first transfer of venue, nonsuit and refiling in third county disapproved)
IN RE TEAM ROCKET, L.P., MLF AIRFRAMES, INC., AND MARK L. FREDERICK; from Fort Bend County; 14th
district (14-06-00136-CV, ___ S.W.3d ___, 04-25-06)
stay order issued June 13, 2006, lifted
The Court conditionally grants the petition for writ of mandamus.
Justice Green delivered the opinion of the Court.
Justice Wainwright delivered a concurring opinion, (reiterating reservations about expansion of mandamus powers)
in which Chief Justice Jefferson and Justice O'Neill joined.
Cases from the Courts of Appeals in which Texas Supreme Court Denied Review
08-0031
LIGHTHOUSE ELECTRICAL CONTRACTORS, L.P. v. ROBERT J. KILLEEN; from Bexar County; 4th district
(04-06-00780-CV, ___ SW3d ___, 11-14-07, pet. denied April 2008)
(venue challenge, existence ,elements of contract)
Appellant Robert J. Killeen, Jr., a resident of Harris County, and Appellee Lighthouse Electrical Contractors, L.P.
("Lighthouse"), whose principal place of business is in Travis County, entered into a contract for electrical work to
be performed at Killeen's Travis County residence. A dispute regarding workmanship and costs ensued. After
Killeen refused demands by Lighthouse for payment, the parties exchanged correspondence, which Lighthouse
interpreted as a settlement agreement. Lighthouse subsequently sued Killeen in Bexar County for breach of
settlement agreement. On appeal, Killeen challenges both the trial court's denial of the motion to transfer venue
and the granting of summary judgment. Because the record contains probative evidence that a substantial part of
the events giving rise to Lighthouse's breach of contract action occurred in Bexar County, we sustain venue in
Bexar County. Killeen v. Lighthouse Electrical Contractors (Tex.App.- Dallas 2007, pet denied)
08-0031 LIGHTHOUSE ELECTRICAL CONTRACTORS, L.P. v. ROBERT J. KILLEEN; from Bexar County; 4th district
(04-06-00780-CV, ___ SW3d ___, 11-14-07, pet. denied April 2008) (venue challenge, existence elements of
contract, breach of settlement agreement)