X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS: Gonzalez v. Reliant Energy Inc., discussed previously, involves the same parties and many of the same issues. The facts are set out in that summary, above. HOLDING: Conditionally granted. Texas Civil Practice & Remedies Code 15.007 directs that in a wrongful death or personal injury case, the venue provisions in Chapter 15 are paramount, not the Probate Code. Section 15.002 governs venue in wrongful death and survival actions. Venue of Gonzalez’s suit was not proper in Hidalgo County. None of the events giving rise to Guadalupe Gonzalez’s death occurred in that county, and Reliant’s principal place of business is in Harris County. Accordingly, the Hidalgo County probate court had no authority to transfer to itself the Harris County action, the court concluded. The Hidalgo County probate court’s transfer order actively interfered with the Harris County district court’s jurisdiction. Although the Harris County district court entered an anti-suit injunction prohibiting Gonzalez from proceeding further with the wrongful death and survival claims in Hidalgo County, the Hidalgo County probate court’s transfer order remained outstanding. The district clerk of Harris County or the clerk of the Harris County district court in which Gonzalez’s suit was pending was still faced with a directive to transfer a case from Harris County to Hidalgo County. The anti-suit injunction directed at Gonzalez did not obviate the need for mandamus relief, and as the court explained in Gonzalez v. Reliant, mandamus relief in this original proceeding did not obviate the need for an injunction prohibiting Gonzalez from proceeding with the wrongful death and survival claims in Hidalgo County. Complete relief required both a writ of mandamus and an anti-suit injunction, the court stated. OPINION: Per curiam.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.