in Re: R. Wayne Johnson

• Court: Court of Appeals of Texas
• Decided: January 31, 2007
• Docket: 12-07-00032-CV
• Status: Published

Opinion

                NO. 12-07-00032-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: R. WAYNE JOHNSON,      §          ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

            R. Wayne Johnson, a pro se inmate proceeding in forma pauperis, seeks a writ of mandamus directing the trial court to vacate its order dated October 23, 2006 entered in trial court cause number 06-1751-B.  Johnson contends that the trial court had no jurisdiction over the lawsuit because he filed it in the wrong county. 

            An action that accrues while a plaintiff is housed in a facility operated by or under contract with the Texas Department of Criminal Justice shall be brought in the county in which the plaintiff is located.  See Tex. Civ. Prac. & Rem. Code Ann. § 15.019(a) (Vernon 2002).  Johnson is located in Potter County, but filed the underlying lawsuit in Smith County.  He argues that because the lawsuit was not filed in the county where he is located, as required by section 15.019(a), the trial court had no jurisdiction to enter its October 23, 2006 order. 

            Jurisdiction and venue are not synonymous.  Gordon v. Jones, 196 S.W.3d 376, 383 (Tex. App.–Houston [1st Dist.] 2006, no pet.).  Jurisdiction refers to the power of a court, under the constitution and laws, to determine the merits of an action between the parties and to render a judgment.  Id. at 382.  Venue refers to the propriety of prosecuting, in a particular form, a suit on a given subject matter with specific parties, over which the forum must necessarily have subject matter jurisdiction.  Id. at 383.  Venue pertains solely to where a suit may be brought and is a different question from whether the court has jurisdiction of the property or thing in question.  Scott v. Gallagher, No. 01-05-00119-CV, 2006 Tex. App. LEXIS 9511, at *4 (Tex. App.–Dallas Nov. 2, 2006, no pet.).  Venue may and generally does refer to a particular county.   Gordon, 196 S.W.3d at 383.

            Section 15.019(a) is a venue statute.  Filing a lawsuit in a county of improper venue is not a jurisdictional defect that would render a trial court’s actions void.  Id.  Therefore, Johnson is not entitled to the relief he seeks.  Accordingly, the petition for writ of mandamus is denied. 

                                                                                                     JAMES T. WORTHEN   

                                                                                                                 Chief Justice

Opinion delivered January 31, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)