In re Helen Brown Sands and Elizabeth Bolton Brown--Appeal from 170th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-05-00130-CV

In re Helen Brown Sands

and  Elizabeth  Bolton  Brown

Original Proceeding

MEMORANDUM Opinion

This proceeding derives from an underlying suit concerning real property located in McLennan County. A Dallas County district court settled a trust containing the property. Thereafter, Real Party in Interest brought the underlying suit, in McLennan County, for title to the property. Relators invoke this Court s mandamus jurisdiction only to challenge Respondent s venue ruling under Civil Practice and Remedies Code Section 15.0642, which provides for mandamus jurisdiction to enforce the mandatory venue provisions of the Code. See Tex. Civ. Prac. & Rem. Code Ann. 15.0642 (Vernon 2002); Tex. R. App. P. 52.3(e). Relators argue that the McLennan County suit is one to enjoin enforcement of the Dallas County judgment, for which mandatory venue would lie in Dallas County. See Tex. Civ. Prac. & Rem. Code Ann. 15.013 (Vernon 2002). Real Party in Interest argues that the McLennan County suit is one for trespass to try title to property in McLennan County, for which mandatory venue would lie in McLennan County. See id. 15.011 (Vernon 2002). Respondent did not abuse his discretion in denying Relators motion to transfer venue from McLennan County to Dallas County. See In re E.I. DuPont de Nemours & Co., 136 S.W.3d 218, 222-223 (Tex. 2004). The petition for writ of mandamus is denied.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Petition denied

Memorandum opinion delivered and filed May 4, 2005

[CV06]