Crown Central LLC v. Anderson

239 S.W.3d 385, 2007 Tex. App. LEXIS 8123, 2007 WL 2962804
CourtCourt of Appeals of Texas
DecidedOctober 11, 2007
Docket09-07-308CV
StatusPublished
Cited by11 cases

This text of 239 S.W.3d 385 (Crown Central LLC v. Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crown Central LLC v. Anderson, 239 S.W.3d 385, 2007 Tex. App. LEXIS 8123, 2007 WL 2962804 (Tex. Ct. App. 2007).

Opinion

OPINION

CHARLES KREGER, Justice.

This is an accelerated interlocutory appeal of the trial court’s finding that each *387 plaintiff in a multi-plaintiff lawsuit had independently established proper venue in Orange County, Texas. See Tex. Civ. PRac. & Rem.Code Ann. § 15.003(b) (Vernon Supp.2006). We reverse the trial court’s order finding that plaintiffs’ independently established proper venue in Orange County and remand the cause for the trial court to transfer or dismiss plaintiffs’ claims and causes of action in accordance with this opinion.

Five plaintiffs, along with their spouses, sued E.I. du Pont de Nemours and Company, Inc. (hereinafter “DuPont”) and seventy-one other defendants in Orange County, Texas, for injuries allegedly suffered as a result of benzene exposure. Plaintiffs identified DuPont as a party defendant in their original petition by pleading that DuPont “is a Delaware corporation doing business in the State of Texas with a principal office in Orange County, Texas_” Plaintiffs pled venue facts alleging that “[vjenue is proper because all or a substantial part of the events giving rise to this cause of action occurred in Orange County, Texas and/or one or more defendants maintain a principal office in Texas in Orange County.” Several defendants, but not DuPont, filed motions to transfer venue. After a non-evidentiary hearing, the trial court denied the motions and found that “[e]ach plaintiff in this lawsuit has, independent of every other plaintiff, established proper venue in Orange County, Texas[.]” The moving defendants, appellants, 1 filed this accelerated interlocutory appeal of the trial court’s order pursuant to section 15.003 of the Texas Civil Practices & Remedies Code. See id.

In a suit with multiple plaintiffs, “each plaintiff must, independently of every other plaintiff, establish proper venue.” Id. § 15.003(a). Plaintiffs rely upon the general venue provisions to establish venue in Orange County, Texas, alleging that venue is proper in the county because all or a substantial part of the events or omissions giving rise to the claim occurred in the county. Plaintiffs also allege Orange County is the county of defendant DuPont’s principal office in this state. See id. § 15.002(a)(1),(3). As plaintiffs sued multiple defendants, the court would have venue of the other named defendants if all claims or actions of plaintiffs in this suit arise out of the same transaction, occurrence, or series of transactions or occurrences. Id. § 15.005.

If a plaintiff in a multi-plaintiff case cannot independently establish venue, that plaintiffs portion of the suit “must be transferred to a county of proper venue or dismissed” unless that plaintiff, independently of every other plaintiff, establishes that:

(1) joinder of that plaintiff or intervention in the suit by that plaintiff is proper under the Texas Rules of Civil Procedure;
(2) maintaining venue as to that plaintiff in the county of suit does not unfairly prejudice another party to the suit;
(3) there is an essential need to have that plaintiffs claim tried in the county in which the suit is pending; and
(4) the county in which the suit is pending is a fair and convenient venue for *388 that plaintiff and all persons against whom the suit is brought.

Id. § 15.003(a)(l)-(4). However, plaintiffs have not pled or nor do they rely upon any of these factors to support venue in this action.

Section 15.003(b) allows an interlocutory appeal to be taken of a trial court’s determination under subsection (a) that a plaintiff did or did not independently establish proper venue, or did or did not establish subsections (a)(l)-(4). Id. § 15.003(b)(1)-(2). Pursuant to section 15.003(c)(1), an appellate court must “determine whether the trial court’s order is proper based on an independent determination from the record and not under either an abuse of discretion or substantial evidence standard.” Id. § 15.003(c)(1).

In general, plaintiffs are allowed to choose venue first, and the plaintiffs choice of venue cannot be disturbed as long as the suit is initially filed in a county of proper venue. KW Constr. v. Stephens & Sons Concrete Contractors, Inc., 165 S.W.3d 874, 879 (Tex.App.-Texarkana 2005, pet. denied); Chiriboga v. State Farm Mut. Auto. Ins. Co., 96 S.W.3d 673, 678 (Tex.App.-Austin 2003, no pet.). A trial court must consider all venue facts pled by the plaintiff as true unless they are specifically denied by an adverse party. See Tex.R. Civ. P. 87(3)(a). Once an adverse party specifically denies venue facts, the plaintiff must then respond with prima facie proof of that venue fact. Id. “Prima facie proof is made when the venue facts are properly pleaded and an affidavit, and any duly proved attachments to the affidavit, are filed fully and specifically setting forth the facts supporting such pleading.” Id.

Appellants contend the trial court erred in determining each plaintiff established proper venue when the plaintiffs failed to properly plead or present any evidence to support a finding that venue was proper in Orange County, Texas. Appellants assert they specifically denied all of plaintiffs’ venue allegations, and that the plaintiffs failed to present prima facie proof that: “(a) all or a substantial part of the events giving rise to this cause of action occurred in Orange County, Texas; (b) each Plaintiff has an independent claim against DuPont; or (c) each Plaintiffs claim against DuPont arises out of the same transaction or occurrence as the allegations against these Defendants.”

We must first decide if venue can be maintained in Orange County under the general venue provision that all or a substantial part of the events giving rise to plaintiffs’ cause of action occurred in Orange County, Texas. Because all but two of the appellants, Packaging Service Co., Inc. and Solvents & Chemicals, Inc., specifically denied this venue fact, the burden shifted to the plaintiffs to present prima facie proof of these venue facts. See Tex.R. Crv. P. 87(2)(a), 3(a); Wilson v. Tex. Parks & Wildlife Dep’t, 886 S.W.2d 259, 260-61 (Tex.1994). Appellees provided no facts in their petition to support this allegation nor have they provided any affidavit or attachments supporting their allegation that all or a substantial part of the events giving rise to appellees’ causes of action occurred in Orange County, Texas. Therefore, Appellees failed to meet their burden to establish venue based on this venue allegation. See Tex.R. Civ. P. 87(2)(a), (3)(a). Venue is not proper under section 15.002(a)(1) as to those defendants who specifically denied the venue allegations.

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Bluebook (online)
239 S.W.3d 385, 2007 Tex. App. LEXIS 8123, 2007 WL 2962804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crown-central-llc-v-anderson-texapp-2007.