In re Hannah

• Decision Date: 13 May 2014
• Docket Number: No. 14–14–00126–CV.,14–14–00126–CV.
• Citation: 431 S.W.3d 801
• Parties: In re Julie HANNAH, Relator.
• Court: Texas Court of Appeals

431 S.W.3d 801

In re Julie HANNAH, Relator.

No. 14–14–00126–CV.

Court of Appeals of Texas,

Houston (14th Dist.).

May 13, 2014.

Bobbie G. Bayless, Houston, for Relator.

Odean L. Volker, Houston, for Real Party in Interest.

Panel consists of Justices McCALLY, BUSBY, and DONOVAN.

OPINION

PER CURIAM.

On February 11, 2014, relator Julie Hannah filed a petition for writ of mandamus in this Court. SeeTex. Gov't Code § 22.221; see also Tex.R.App. P. 52. In the petition, relator asks this Court to compel the Honorable Kyle Carter, presiding judge of the 125th District Court of Harris County, to vacate two companion orders transferring venue of the underlying litigation to the County Court at Law of Aransas County. We granted a stay of the litigation on February 20, 2014 to allow for further consideration. Having considered relator's petition and the real parties' response, we conditionally grant relator's petition for writ of mandamus.

I. Background

Relator formed a personal relationship with an individual named David Burnell Hatcher (hereinafter, the “decedent”). The decedent owned a home in Aransas County, and relator claims she moved into that home to care for him. Relator and decedent apparently lived together at the decedent's home for 12 years.

Relator claims that the decedent had executed wills in 2009 and 2010 bequeathing to relator upon the decedent's death property including $200,000 in cash and a choice of vehicles. In 2012, the decedent's health apparently began to deteriorate. Also in 2012, the decedent executed a new will that did not include any bequests to relator. Instead, the vehicle identified in the decedent's earlier wills was bequeathed to Marjorie Cordes, a family friend who performed occasional work for the decedent, and the $200,000 in cash was divided between the decedent's sons, David Hatcher and Robert Hatcher.

Following the decedent's death in January 2013, David filed an application with the County Court at Law of Aransas County to probate the decedent's 2012 will. On February 5, 2013, the Aransas County court signed an order admitting the decedent's will to probate as a muniment of title. Relator did not contest the probate of the decedent's will.

On August 15, 2013, relator filed suit against David, Robert, and Marjorie in Harris County district court for tortious interference with inheritance, slander, and conspiracy. Relator claims that during the time the decedent was in failing health in 2012, the defendants engaged in a concerted campaign to interfere with the bequest to relator, including making false statements to the decedent about relator. Specifically, relator alleges that “[t]hrough duress, false statements, manipulation, and outright deception, Defendants turned Decedent against Plaintiff and caused Decedent to withdraw the bequest to Plaintiff which would have otherwise passed to Plaintiff by inheritance, thus preventing Plaintiff from receiving what she was to have received from Decedent's estate.” Relator likewise alleges that “Plaintiff's bequest had been excluded only because Decedent had been mislead and manipulated into signing a new and changed Will.” Relator is seeking monetary damages between $200,000 and $1 million.

David is the only party to the underlying litigation that is a resident of Harris County. Relator is a resident of Travis County, Marjorie is a resident of Aransas County, and Robert is a resident of Caldwell County. In her original petition, relator claimed venue was proper in Harris County pursuant to the mandatory venue provision applicable to slander claims in Section 15.017 of the Texas Civil Practice and Remedies Code, citing the fact that David is a resident of Harris County. Relator also relied on the general venue provision in Section 15.002 and the provision concerning multiple defendants in Section 15.005.

In October 2013, Marjorie filed a plea in abatement, motion to stay, and motion to transfer venue to Aransas County, arguing that relator's lawsuit is a probate proceeding over which the County Court at Law of Aransas County has continuing jurisdiction and proper venue. David then filed a plea to the jurisdiction and motion to transfer venue to Aransas County, raising similar arguments as Marjorie.¹ On January 14, 2014, the trial court signed two companion orders, one granting Marjorie's plea in abatement and motion to transfer venue, and the other granting David's motion to transfer. The trial court accordingly transferred venue of the underlying litigation to the County Court at Law of Aransas County.

Relator filed a petition for writ of mandamus pursuant to Section 15.0642 of the Texas Civil Practice and Remedies Code, presenting as her sole issue whether the trial court violated the mandatory venue provision in Section 15.017 of the Civil Practice and Remedies Code by transferring relator's suit to the County Court at Law of Aransas County. In support of her petition, relator presents several arguments. For example, relator argues that the real parties did not follow the proper procedures under Texas Rules of Civil Procedure 86 and 87 for challenging venue, because they did not provide a basis for a claim of improper venue or explicitly deny relator's venue facts pled in her petition. Relator also challenges the real parties' assertion that relator's lawsuit is a probate proceeding under applicable statute. Relator further argues that her suit is not “related to” a probate proceeding, and thus not subject to the statutory provisions applicable to such related matters.

In their response, the real parties argue almost exclusively that relator's suit qualifies as a probate proceeding, and therefore is subject to the jurisdictional and venue requirements applicable to such matters. The real parties downplay any assertion that relator's suit is merely “related to” a probate proceeding, although they state that the suit easily would qualify as such. The real parties further argue that the district court correctly transferred venue to Aransas County because relator's suit is a probate proceeding, and regardless, their venue motions complied with Texas Rules of Civil Procedure 86 and 87.

II. The Mandamus Standard

Generally, mandamus relief is appropriate only when the trial court clearly abused its discretion and the relator has no adequate remedy by appeal. In re Reece, 341 S.W.3d 360, 364 (Tex.2011) (orig. proceeding). A trial court abuses its discretion if it: (1) reaches a decision so arbitrary and unreasonable as to constitute a clear and prejudicial error of law; (2) clearly fails to analyze or apply the law correctly; or (3) acts without reference to any guiding rules or principles. In re Park Mem'l Condo. Ass'n, Inc., 322 S.W.3d 447, 449–50 (Tex.App.-Houston [14th Dist.] 2010, orig. proceeding). An appellate remedy is adequate when any benefits to mandamus review are outweighed by the detriments. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 136 (Tex.2004) (orig. proceeding). As the party seeking relief, the relator bears the burden of demonstrating entitlement to mandamus relief. See In re Ford Motor Co., 165 S.W.3d 315, 317 (Tex.2005) (per curiam) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex.1992) (orig. proceeding).

“[V]enue determinations generally are incidental trial rulings that are correctable on appeal.” Bridgestone/Firestone, Inc. v. Thirteenth Court of Appeals, 929 S.W.2d 440, 441 (Tex.1996) (per curiam) (orig. proceeding). However, “Section 15.0642 of the Texas Civil Practice and Remedies Code ... provides that a party may apply for a writ of mandamus with an appellate court to enforce mandatory venue provisions.” In re San Jacinto Cnty., 416 S.W.3d 639, 641 (Tex.App.-Houston [14th Dist.] 2013, orig. proceeding) (per curiam). “The focus of a mandamus proceeding under section 15.0642 is whether the trial court abused its discretion.” Id. “A party seeking to enforce a mandatory venue provision is not required to prove the lack of an adequate appellate remedy, but is required only to show that the trial court abused its discretion.” Id.

III. Analysis

A. General Rules Concerning Venue

“Venue concerns the geographic location within the forum where the case may be tried.” Cantu v. Howard S. Grossman, P.A., 251 S.W.3d 731, 734 (Tex.App.-Houston [14th Dist.] 2008, pet. denied). “Generally, chapter 15 of the Texas Civil Practice and Remedies Code governs venue of actions.” In re Tex. Dep't of Transp., 218 S.W.3d 74, 76 (Tex.2007) (per curiam) (orig. proceeding). “If a mandatory venue provision in Chapter 15 applies, suit must be brought in the county required by the mandatory venue provision.” In re Sosa, 370 S.W.3d 79, 81 (Tex.App.-Houston [14th Dist.] 2012, orig. proceeding); see alsoTex. Civ. Prac. & Rem.Code § 15.004. However, “[i]f a suit is governed by a mandatory venue provision outside of Chapter 15, that suit must be brought in the county required by that mandatory venue provision.” Sosa, 370 S.W.3d at 81; see alsoTex. Civ. Prac. & Rem.Code § 15.016.

“Venue may be proper in more than one county under the venue rules.” Hiles v. Arnie & Co., 402 S.W.3d 820, 825 (Tex.App.-Houston [14th Dist.] 2013, pet. denied). “In general, plaintiffs are allowed to choose venue first, and when the county in which the plaintiff files suit is at least a permissive venue and no mandatory provision applies, the plaintiff's venue choice should not be disturbed.” Id. Also, if a mandatory venue provision permits suit in one of several counties, the plaintiff may choose from among the permissible counties. Sosa, 370 S.W.3d at 81 n. 1.

Although the plaintiff is entitled to the first choice of venue, a defendant may challenge the plaintiff's venue selection, “and a court must ‘transfer an action to another county of proper venue if ... the county in which the action is pending is not a proper county.’ ” In re Team Rocket, L.P., 256 S.W.3d 257, 259 (Tex.2008) (orig. proceeding) (quoting Tex. Civ. Prac. & Rem.Code...