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Click here for the full text of this decision FACTS:In this interlocutory appeal, Crystalix Group International Inc. appeals the trial court’s order determining their special appearance was “moot.” Crystalix filed its special appearance, and the appellees, Vitro Laser Group USA Inc. and Kenneth Morrison, moved to declare the special appearance waived. The trial court deemed Crystalix to have entered a general appearance by virtue of two Rule 11 agreements. HOLDING:Reversed and remanded. The Texas Supreme Court addressed an issue regarding Texas Rule of Civil Procedure 120a in Dawson-Austin v. Austin, 968 S.W.2d 319 (Tex. 1998). The court, quoting language from lower appellate courts, identified what actions taken by a party will constitute a general appearance: 1. invoking the judgment of the court on a question other than jurisdiction; 2. recognizing an action is properly pending before the court; or 3. seeking affirmative action from the court. Accordingly, a party may engage in an act having some relation to the pending cause without the act necessarily constituting a general appearance. The court disagrees with the Corpus Christi Court of Appeals case Exito Electronics Co. v. Trejo, 99 S.W.3d 360 (Tex. App.-Corpus Christi 2003, pet filed). Rule 120a specifies a motion to transfer venue or any other plea, pleading or motion must be filed before-or in the same instrument as-a special appearance to avoid wavier of a personal jurisdiction question. Vitro states that a Rule 11 agreement is an “agreement, admission, or concession.” The court does not disagree with this characterization of a Rule 11 agreement. However, identifying something as an agreement, admission or concession does not automatically translate into a label of plea, pleading, or motion-the items that may not be filed before a special appearance without waiving the special appearance. A Rule 11 agreement is not specifically referenced in the text of Rule 120a. This court, like the Houston court in Angelou v. Afr. Overseas Union, 33 S.W.3d 269 (Tex. App.-Houston [14th Dist.] 2000, no pet.), finds the Dawson-Austin test instructive for determining whether the Rule 11 agreements in the present case constituted a general appearance. Neither of the Rule 11 agreements in this case change the status of any action with the court, nor do they request any action from the court. Based on the state of the copies in the records, the court concludes the agreements were written, faxed and filed by Vitro. The court holds that under these facts, the mere signature on the agreements neither invoked the judgment of the trial court on a matter other than jurisdiction, sought affirmative action, nor recognized a case was properly pending before the court. Accordingly, the trial court erred by deeming Crystalix to have entered a general appearance by virtue of the two Rule 11 agreements. The court limits its decision to the issue of Vitro’s motion deeming Crystalix to have entered a general appearance by virtue of the Rule 11 agreements. OPINION:James, J.; James, Wright and Bridges, JJ.

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