Kerri D. Condie, P.C. v. Michelle McLaughlin

• Court: Court of Appeals of Texas
• Decided: March 29, 2019
• Docket: 05-18-00085-CV
• Status: Published

Opinion

Order entered March 29, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00085-CV

KERRI D. CONDIE, P.C., Appellant

V.

MICHELLE MCLAUGHLIN, Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-05911

ORDER On the Court’s own motion, we request the parties submit supplemental briefing

regarding the following:

1) Whether section 15.013 of the civil practice and remedies code applies in this case.

Section 15.013 provides, “Actions to restrain execution of a judgment based on

invalidity of the judgment or of the writ shall be brought in the county in which the

judgment was rendered.” TEX. CIV. PRAC. & REM. CODE ANN. § 15.013.

2) Whether common law holdings that a final judgment of venue irrevocably fixes venue

of any suit involving the same subject matter and parties apply in this case. See, e.g.,

Miller v. State & Cnty. Mut. Fire Ins. Co., 1 S.W.3d 709, 712–13 (Tex. App.—Fort

Worth 1999, no pet.). 3) Whether this Court can consider either section 15.013 or the common law holding

cited above in view of the current posture of this case and this Court’s decision in St.

John Missionary Baptist Church v. Flakes, 547 S.W.3d 311 (Tex. App.—Dallas

2018, pet. filed).

Supplemental briefs must be no longer than 2,500 words or 10 pages and filed within ten days of

the date of this order. See TEX. R. APP. P. 38.7.

/s/ DAVID J. SCHENCK PRESIDING JUSTICE