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wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
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The Intersection of Venue Selection & Motions to Dismiss in Texas

John Wilson • January 17, 2025

Understanding Venue Selection and Motions to Dismiss in Texas Civil Litigation

In Texas civil litigation, two essential concepts can often shape the course of a lawsuit: venue selection and motions to dismiss. Both ensure cases are handled in the proper location and that baseless claims are addressed efficiently.

 

Venue Selection in Texas

The venue refers to the specific geographic location where a lawsuit is filed and heard. Selecting the appropriate venue is essential, as it impacts the convenience for all parties involved, the applicability of local laws, and the fairness of the proceedings. Texas law provides clear guidelines for determining venue, starting with the general rule outlined in Section 15.002 of the Texas Civil Practice and Remedies Code. According to this rule, a lawsuit should be filed in the county where the events leading to the claim occurred, where the defendant lives (if they’re an individual), or where the defendant’s principal office is located (if it’s a business). If none of these apply, the case can be filed in the plaintiff’s county of residence.


Mandatory Venue Provisions

In addition to general rules, Texas law outlines specific circumstances where mandatory venue provisions apply. These provisions override general venue rules to address particular policy considerations. Common examples include:


  • Land Disputes: Lawsuits involving real property, such as disputes over title, boundary lines, or easements, must be filed in the county where the property is located. This ensures that courts familiar with the local property laws handle these cases.
  • Landlord-Tenant Issues: Disputes under a lease agreement are similarly tied to the location of the property.
  • Injunctions Against Pending Suits: If a party seeks to halt proceedings in an ongoing lawsuit, they must file in the county where that suit is pending.
  • Suits Against Counties: When a county is the defendant, the case must be brought within that county.


Contracts often include venue agreements where the parties decide in advance where any disputes will be resolved. In Texas, these agreements are generally enforceable, especially in high-value contracts involving $1 million or more. Such agreements allow parties to choose a venue that suits their needs, reducing uncertainty in case of a dispute. If a lawsuit is filed in the wrong venue, the defendant can challenge it by filing a motion to transfer venue. This motion must explain why the current venue is improper and identify the correct venue. It’s important to file this motion early—usually before responding to the lawsuit in any other way—because failing to do so might waive the right to object.


In cases where multiple lawsuits about the same matter are filed in different counties, Texas follows the “first-to-file” rule under the doctrine of dominant jurisdiction. This means the court where the case was first filed typically takes precedence, and other courts may transfer or pause their proceedings to avoid duplicating efforts.


Texas Civil Practice and Remedies Code - CIV PRAC & REM § 15.020. Major Transactions: Specification of Venue by Agreement

Texas law provides specific rules for determining venue in legal disputes arising from major transactions. Here’s a breakdown of what you need to know:


What is a Major Transaction?

A major transaction is defined as a written agreement where a person is required to pay or entitled to receive at least $1 million in total value. However, transactions primarily for personal, family, or household purposes, as well as those related to personal injury or wrongful death claims, are not included in this definition—regardless of the amount involved. For businesses or individuals involved in transactions exceeding $1 million, understanding venue agreements is crucial to ensure compliance with Texas law. Always carefully review and negotiate venue clauses in contracts, as they can directly impact where legal disputes may be resolved.


Where Can Legal Actions for Major Transactions Be Filed?


  • Agreed Venue:

A legal action tied to a major transaction must be filed in a county where the opposing party has agreed in writing to allow such a lawsuit.


  • Prohibited Venue: 

An action cannot be brought in a county if the party filing the lawsuit has previously agreed in writing:

  • That the case cannot be filed in that county, as long as it can be filed in another county in Texas or another jurisdiction.
  • That the case must be filed in another specified county in Texas or another jurisdiction.


Exceptions to the Rule

Texas Civil Practice and Remedies Code - CIV PRAC & REM § 15.020 does not apply if:


  • The written agreement regarding venue was unconscionable at the time it was made.
  • The agreement is voidable under Chapter 272 of the Texas Business & Commerce Code.
  • Venue is governed by another statute outside the title governing major transactions.


Non-Major Transactions

If the transaction doesn’t meet the criteria of a major transaction, these venue rules do not apply. In such cases, other venue and jurisdiction rules in Texas will dictate where the lawsuit can be filed.


Motions to Dismiss in Texas

Motions to Dismiss are another tool used in civil litigation. They’re used to eliminate claims that are legally or factually baseless, streamlining the legal process and saving time and resources for everyone involved. In Texas, Rule 91a of the Texas Rules of Civil Procedure provides a straightforward process for dismissing baseless claims. A motion to dismiss under Rule 91a can be filed when a claim has no legal or factual basis. A claim lacks a legal basis if, even assuming all the facts in the lawsuit are true, the law doesn’t support the plaintiff’s request for relief. A claim has no factual basis if no reasonable person could believe the facts presented. This rule allows courts to focus on claims with merit and dismiss those that are frivolous.


There are specific steps and timelines to follow when filing a motion to dismiss. The process ensures that the matter is addressed efficiently and within a reasonable timeframe:


  • The motion must be filed within 60 days after the defendant is served with the claim.
  • It should be filed at least 21 days before the scheduled hearing on the motion.
  • The court is required to rule on the motion within 45 days of its filing, keeping the process streamlined.
  • While the court may choose to hold a hearing to review the motion, it is not mandatory in all cases.


The purpose of these procedural rules is to help courts manage their caseloads efficiently and protect defendants from the costs and burdens of defending against baseless claims. 

Understanding Dominant Jurisdiction in Texas Lawsuits

In Texas, it’s not unusual for parties in a lawsuit to file claims against each other in different counties, each hoping to gain the upper hand by picking a favorable venue. This scenario, often called "the race to the courthouse," underscores the importance of the doctrine of dominant jurisdiction. Essentially, the court that gets jurisdiction over the case first is given priority. In these situations, the second court will typically dismiss, transfer, or put the case on hold to let the first court handle it. If you’re involved in a venue dispute between counties in Texas, filing first can make all the difference.


What is Forum Non Conveniens, and How Can It Change Venue?

While the doctrine of dominant jurisdiction tends to favor whoever files first, there’s another way to challenge venue: the principle of forum non conveniens. This legal tool allows defendants to argue that the chosen venue, though technically valid, is so inconvenient that it would be unfair to continue the case there.To pursue this, a defendant can file a motion to stay or dismiss the case on the grounds that the forum is not convenient. But keep in mind, Texas courts don’t easily override the plaintiff’s venue choice. The burden is on the defendant to meet a high standard.


Under Texas Civil Practice & Remedies Code § 71.051(b), courts look at several factors when deciding whether to grant a motion for forum non conveniens:


  • Is there another forum where the case can be tried?
  • Does the alternative forum provide an adequate remedy?
  • Would keeping the case in the current venue cause significant unfairness to the moving party?
  • Can the alternate forum handle all defendants involved in the case?
  • Do the private interests of the parties and the public interest of Texas weigh in favor of the alternative forum? This includes considering whether the incident occurred in Texas.
  • Will moving the case prevent unnecessary duplication of lawsuits?
  • Convincing a court to grant a forum non conveniens motion isn’t easy and requires a well-thought-out legal strategy.


When it comes to Texas lawsuits, understanding dominant jurisdiction and forum non conveniens is essential. Acting quickly to file your case can give you the advantage of controlling the venue. On the other hand, if you’re a defendant facing an inconvenient venue, knowing how to effectively challenge it can help ensure your case is heard in a fair and appropriate forum.


Texas Venue FAQs

  • What qualifies as a major transaction under Texas law?

    A major transaction in Texas is defined as any written agreement where the total value of the consideration paid or received is at least $1 million. However, this does not include agreements primarily for personal, family, or household purposes or those related to settling personal injury or wrongful death claims.

  • Can I choose the county where I file a lawsuit for a major transaction in Texas?

    Yes, but only if the opposing party has agreed in writing to allow the lawsuit to be filed in the selected county. If there is a written agreement specifying a different venue, you must adhere to that agreement unless it is found to be unconscionable or voidable under Texas law.

  • Can a lawsuit for a major transaction be filed in any county in Texas?

    No. A lawsuit cannot be filed in a county if the party bringing the action previously agreed in writing:

    • Not to file in that county, provided an alternative county or jurisdiction is available.
    • To file in a specific alternative county or jurisdiction stated in the agreement.

  • What are the exceptions to venue rules for major transactions in Texas?

    The venue rules for major transactions do not apply if:

    • The agreement regarding venue was unconscionable when it was made.
    • The agreement is voidable under Chapter 272 of the Texas Business & Commerce Code.
    • A different Texas statute establishes the venue.

  • Do these venue rules apply to transactions under $1 million in Texas?

    No, these rules specifically apply to major transactions where the value is at least $1 million. For smaller transactions, other venue and jurisdiction rules in Texas will determine where legal actions can be filed.

  • How is the proper venue determined for a lawsuit in Texas?

    In Texas, the venue is typically determined based on the Texas Civil Practice and Remedies Code Section 15.002. A lawsuit should be filed in the county where:

    • The events leading to the claim occurred.
    • The defendant resides (if an individual).
    • The defendant’s principal office is located (if a business).
    • If none of these apply, the plaintiff can file the case in their county of residence.

  • What are mandatory venue provisions in Texas civil cases?

    Certain types of cases in Texas are subject to mandatory venue provisions, which override general venue rules. Examples include:

    • Land disputes: Cases involving real property must be filed in the county where the property is located.
    • Landlord-tenant disputes: These must be filed in the county where the leased property is located.
    • Injunctions against pending suits: These must be filed in the county where the original suit is pending.
    • Suits against counties: If a county is a defendant, the case must be filed in that county.

  • What is the “first-to-file” rule in Texas civil litigation?

    The “first-to-file” rule, based on the doctrine of dominant jurisdiction, gives priority to the court where a case about the same matter was first filed. If multiple lawsuits about the same issue are filed in different counties, the court handling the first case typically takes precedence. Other courts may transfer or pause their proceedings to avoid duplicating efforts.

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The litigation attorneys at Wilson Whitaker Rynell help clients in Dallas, Houston, Austin, Plano, Frisco, Addison, Richardson, Fort Worth, Irving, Carrollton, Taylor, Dallas County, Denton County, Collin County.


Contact Us or Call 972-248-8080 for a Free Consultation!


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Female Divorce Attorneys in the Dallas-Fort Worth Area

By Leigh Whitaker • January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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Wrangling Writs of Execution in Texas

By John Wilson • January 23, 2025
Understanding Writs of Execution in Texas: A Layperson’s Guide If a court determines that someone owes money to another party, the debtor—referred to as the "judgment debtor"—typically has 30 days to pay off the debt. If the debt remains unpaid after this time, the creditor, or "judgment creditor," can take legal action to enforce the payment through a Writ of Execution . This legal process, governed by Texas law, enables creditors to collect what they are owed by seizing and selling the debtor’s non-exempt assets. What Is a Writ of Execution? Under Texas Rules of Civil Procedure 629 , a Writ of Execution is a court order that authorizes a sheriff or constable to seize the debtor’s property to satisfy the debt. This writ is an essential tool for creditors when voluntary repayment has not occurred. Once the writ is issued, it is handed over to a county constable or sheriff, who is required to act “without delay” in collecting the debtor’s real and personal property. The seized property is then sold, and the proceeds are used to pay off the debt. If multiple writs are filed against the same debtor, the assets are distributed in the order the writs were received. What Property Can Be Seized Under a Writ of Execution? Texas law is very specific about which types of property can and cannot be seized to satisfy a judgment. Exempt Property Certain assets are protected from seizure under Texas Property Code § 41.001. These include: The debtor’s homestead (primary residence) Wages earned from employment Professionally prescribed health aids Workers’ compensation benefits College savings plans Some insurance benefits Personal property valued up to $50,000 for individuals and $100,000 for families Unique to Texas, the law also protects items like family Bibles, two firearms, pets, and for rural residents, livestock (e.g., 12 head of cattle and 120 fowl). This extensive list reflects Texas's cultural heritage and values. Non-Exempt Property Assets that are generally not exempt include: Vacation homes Timeshares Pleasure boats Airplanes Jewelry exceeding certain value thresholds The specific procedures for seizing different types of property are detailed in Texas Rules of Civil Procedure 639 . Can a Writ of Execution Be Avoided? Judgment debtors have a few options to avoid the execution of a writ: Filing a Supersedeas Bond A supersedeas bond can temporarily halt enforcement of the writ. This bond, filed with the county clerk or justice of the peace, preserves the status quo while the debtor seeks further legal remedies. This option is governed by Texas Rules of Civil Procedure 634 . Challenging the Execution Debtors can file a claim for wrongful execution in situations such as: The debt has already been paid Exempt property is being seized The levy is excessive Additionally, courts take extra care to protect property classified as a homestead under Texas Property Code § 41.002(c) . When only one spouse is responsible for the debt, Texas Family Code § 3.202(a) and related provisions provide guidance on levying against community or separate property. The Role of County Officials in Executing the Writ Once the writ is issued, its enforcement falls on county officials, typically a sheriff or constable. These officials must act in accordance with Civ. Prac. & Rem. Code § 34.072 , which requires them to execute the writ and report back to the court. They must: Give proper notice of the sale of seized property Ensure the proceeds are appropriately delivered to the creditor Avoid overstepping legal boundaries, such as seizing exempt property Failing to execute the writ properly can result in serious consequences, where a sheriff’s refusal to levy on a property initially listed as exempt (but later deemed abandoned) led to court action and damages awarded to the creditor. Preventing Fraudulent Transfers One challenge creditors face is when debtors attempt to hide or transfer assets to avoid collection. To address this, Texas follows the Uniform Fraudulent Transfer Act under Tex. Bus. & Comm. Code § 24.001 et seq .. This act provides legal remedies to creditors when a debtor’s transfer of assets is deemed fraudulent. Effect of a Defendant's Death on Writs of Execution Under Civ. Prac. & Rem. Code § 34.072 , the death of a defendant after a writ of execution is issued halts execution proceedings. However, any lien acquired from the writ's levy is still enforceable by the county court when paying off the deceased's debts. Why Proper Execution Of The Writ Is Crucial The rules for filing and serving a Writ of Execution are strict and detailed. Missteps, such as filing the writ in the wrong county, failing to serve the proper parties, or missing key deadlines, can lead to delays or even render the writ ineffective. Both creditors and debtors must ensure compliance with these rules to avoid unnecessary complications. For creditors, failure to properly enforce the writ could mean losing the opportunity to collect on a judgment. For debtors, not responding appropriately to a writ could result in the loss of valuable assets, even those that might have been exempt.
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The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

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