IN RE TOGS ENERGY, INC., Relator

Writ of Mandamus Conditionally Granted, Opinion issued October 13, 2009
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-09-01018-CV
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IN RE TOGS ENERGY, INC., Relator
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Original Proceeding from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 08-16018-C
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MEMORANDUM OPINION
Before Justices Wright, Richter, and Lang
Opinion by Justice Richter
 
        Relator contends the trial court erred by denying its motion to transfer venue. The facts and issues are well known to the parties, so we need not recount them in detail herein. Relator argues that the transfer of venue was mandatory under section 15.011 of the Texas Civil Practices and Remedies Code because the underlying suit seeks to recover interests in real property. Real party in interest argues that a May 2002 Settlement and Release Agreement requires that venue remain in Dallas County. According to real party in interest, this venue selection clause is enforceable under Tex. Civ. Prac. & Rem. Code Ann. § 15.020 (Vernon 2008).
        Even assuming that the trial court was correct in finding that relator is bound by the agreement in question, a proposition we need not address, we find section 15.020 inapplicable here. That section permits written venue agreements if the suit arises from a “major transaction.” A “major transaction” is one “evidenced by a written agreement under which a person pays or receives, or is obligated to pay or receive, consideration with an aggregate stated value equal to or greater than $1 million.” Id. The Settlement and Release Agreement does not state the consideration paid for the real estate leases in question. Real party in interest has submitted an affidavit stating that the value of the property rights is well over $1 million. This affidavit not relevant to our analysis. Under section 15.020(a), the parties' agreement must contain the aggregate stated value of the consideration. Because the Settlement and Release Agreement does not contain this information, it fails to qualify as a “major” transaction under section 15.020.
        Accordingly, we conditionally grant relator's petition for writ of mandamus. A writ will issue only in the event the trial court fails to vacate its April 13, 2009 “Order Denying Defendant's Motion to Transfer Venue.”
 
 
 
                                                          
                                                          MARTIN RICHTER
                                                          JUSTICE
091018F.P05