Union Pacific Railroad v. Stouffer

420 S.W.3d 233, 2013 WL 6699500, 2013 Tex. App. LEXIS 15358
CourtCourt of Appeals of Texas
DecidedDecember 19, 2013
DocketNo. 05-13-01224-CV
StatusPublished
Cited by21 cases

This text of 420 S.W.3d 233 (Union Pacific Railroad v. Stouffer) 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
Union Pacific Railroad v. Stouffer, 420 S.W.3d 233, 2013 WL 6699500, 2013 Tex. App. LEXIS 15358 (Tex. Ct. App. 2013).

Opinion

OPINION

Opinion by

Justice FITZGERALD.

This interlocutory appeal arises from the trial court’s order denying Union Pacific Railroad Company’s motions to transfer venue.1 Because we conclude plaintiffs did not meet their burden to establish that Union Pacific maintains a principal office in Dallas County, we reverse the trial court’s order.

BACKGROUND

On November 15, 2012, a truck and flatbed trailer carrying military veterans and their spouses in a parade entered an active railroad crossing and was struck by a train in Midland, Texas. Several individuals were injured or killed. Smith Industries, Inc. (“Smith”) provided the truck and trailer, and the train was operated by Union Pacific Railroad Co. (“Union Pacific”).

As a result, Catherine Stouffer, Ada Stouffer, and Gary Stouffer filed this personal injury and wrongful death suit against Smith and Union Pacific in Dallas County. Petitions in Intervention were filed by Angela Boivin, Leonce Boivin, Lu-cette Boivan, and Tiffaine Lubbers (Collectively, with the Stouffers and subsequent interveners “Plaintiffs”). The petition asserted that Smith is a Texas corporation with its principal place of business in Midland, Texas. The petition further alleged that Union Pacific is a foreign corporation authorized to do business in the state of Texas, and maintains a principal office in [236]*236Dallas County. Union Pacific filed a motion to transfer venue from Dallas County to Midland County.2 In so doing, Union Pacific denied that it maintains a principal office in Dallas County and asserted that its sole principal office in Texas is located in Harris County.

The plaintiffs involved in the case at that time responded to the motion, and Union Pacific replied. The court conducted a hearing and denied the motion to transfer. Following the trial court’s determination on venue, several additional petitions in intervention were filed.3 This interlocutory appeal challenging the trial court’s determination on venue followed.

ANALYSIS

Appellate Jurisdiction

Plaintiffs contend that appellate jurisdiction is lacking and have filed a motion to dismiss the appeal. Union Pacific contends that appellate jurisdiction is proper.

Interlocutory orders generally are not appealable. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.2001) (“[T]he general rule ... is that an appeal may be taken only from a final judgment.”). The legislature has reinforced the general rule in the venue context by providing that “[n]o interlocutory appeal shall lie from the [trial court’s venue] determination.” Tex. Civ. Prac. & Rem.Code Ann. § 15.064(a) (West 2002). But the legislature has also authorized interlocutory appeals from certain venue rulings. The exception is found in section 15.003, which provides in pertinent part as follows:

(a) In a suit in which there is more than one plaintiff, whether the plaintiffs are included by joinder, by intervention, because the lawsuit was begun by more than one plaintiff, or otherwise, each plaintiff must, independently of every other plaintiff, establish proper venue. If a plaintiff cannot independently establish proper venue, that plaintiffs part of the suit, including all of that plaintiffs claims and causes of action, must be transferred to a county of proper venue or dismissed, as is appropriate, 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 that plaintiff and all persons against whom the suit is brought.
(b) An interlocutory appeal may be taken of a trial court’s determination under Subsection (a) that:
(1) a plaintiff did or did not independently establish proper venue; or
(2) a plaintiff that did not independently establish proper venue did or did not establish the items prescribed by Subsections (a)(l)-(4).
[237]*237Id. § 15.003(a)-(b) (West Supp.2012) (emphasis added). Before section 15.003 was amended in 2003, its interlocutory-appeal provision was quite different. It provided as follows:
Any person seeking intervention or join-der, who is unable to independently establish proper venue, or a party opposing intervention or joinder of such a person may contest the decision of the trial court allowing or denying intervention or joinder by taking an interlocutory appeal to the court of appeals district in which the trial court is located under the procedures established for interlocutory appeals.

Act of May 8, 1995, 74th Leg., R.S., ch. 138, 1995 Tex. Gen. Laws 978 (amended 2003) (current version at Tex. Civ. Prac. & Rem.Code Ann. § 15.003 (West Supp.2012)) (emphasis added). Thus, under the prior law, interlocutory appellate jurisdiction was limited to review of joinder and intervention rulings made in a venue context. After the 2003 amendment, interlocutory appellate jurisdiction in multiple-plaintiff cases extends to the determination of whether the plaintiffs have independently established proper venue or not. See Tex. Civ. Prac. & Rem.Code Ann. § 15.003(b)(1).

Thus, the question presented in this case is whether the trial court’s order denying Union Pacific’s motions to transfer venue is a “determination under Subsection [15.0031(a) that [appellees] did or did not independently establish proper venue.” Id. When we interpret a statute, our task is to ascertain the legislature’s intent. See Fresh Coat, Inc. v. K-2, Inc., 318 S.W.3d 893, 901 (Tex.2010). We begin with the statutory text, relying whenever possible on the plain meaning of the words of the statute. Id. Under the plain language of this statute, the first requirement imposed by section 15.003(b)(1) is that the trial judge’s order must be one “under Subsection [15.0031(a).” Section 15.003(a) sets out some specific venue rules applicable only to multiple-plaintiff cases. Thus, the first requirement imposed by section 15.003(b)(1) is that the trial court’s order must be made in a case involving multiple plaintiffs. This requirement is met on the facts of this case. The second requirement for appellate jurisdiction to exist under section 15.003(b)(1) is that the trial court’s order must be one that determines whether a plaintiff independently established proper venue. In this case, every plaintiff relied on the “defendant’s principal office” venue provision to try to establish proper venue in Dallas County. See Tex. Civ. Prac. & Rem.Code Ann. § 15.002(a)(3) (providing that venue is proper “in the county of the defendant’s principal office in this state, if the defendant is not a natural person”).

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Cite This Page — Counsel Stack

Bluebook (online)
420 S.W.3d 233, 2013 WL 6699500, 2013 Tex. App. LEXIS 15358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-pacific-railroad-v-stouffer-texapp-2013.