Flynn v. Gulf Plains Grain & Elevator Co.

Court of Appeals of Texas

Flynn v. Gulf Plains Grain & Elevator Co.

430 S.W.2d 525, 1968 Tex. App. LEXIS 2466

CourtCourt of Appeals of Texas

DecidedJune 27, 1968

DocketNo. 4711

StatusPublished

Cited by1 cases

This text of 430 S.W.2d 525 (Flynn v. Gulf Plains Grain & Elevator Co.) 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.

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Flynn v. Gulf Plains Grain & Elevator Co., 430 S.W.2d 525, 1968 Tex. App. LEXIS 2466 (Tex. Ct. App. 1968).

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Opinion

OPINION

McDONALD, Chief Justice.

This is an appeal from an interlocutory order of the trial court granting plaintiffs’ application for temporary injunction, restraining defendants from foreclosing deeds of trust on certain property, while the suit to construe contract entered into by the parties was pending; and is a companion case to No. 4731 handed down this date, Tex.Civ.App., 430 S.W.2d 526.

Plaintiffs’ petition was filed on September 29, 1967. On October 9, 1967 defendants filed their pleas of privilege. On October 18, 1967 plaintiffs filed controverting pleas. The trial court, oil November 30, 1967, entered the temporary injunction. The pleas of privilege were heard and sustained on February 8, 1968.

The filing of pleas of privilege is prima facie proof of defendants’ right to change of venue. Rule 86, Texas Rules of Civil Procedure; Pena v. Sling, 135 Tex. 200, 140 S.W.2d 441, 128 A.L.R. 1223.

When a plea of privilege is filed it divests the court of jurisdiction to enter judgment in the main suit pending disposal of the pleas. Texas-Louisiana Power Co. v. Wells, 121 Tex. 397, 48 S.W.2d 978.

The trial court was without jurisdiction to grant the temporary injunction; and it is accordingly vacated.

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