Donie State Bank v. Knight
Donie State Bank v. Knight
Opinion of the Court
This venue case presents two questions for our review. First, did the defendants waive their right to be sued in the county of their residence by participating in a hearing on severance prior to the hearing on the plea of privilege? Second, was defendant bank’s plea of privilege fatally defective under Tex.R.Civ.P. 86? We answer both questions in the negative and reverse.
Plaintiff, Betty J. Knight, first sued Arrow Trucking Company and Donald W. Matthews in Dallas County, Texas for damages arising out of an automobile collision. Plaintiff was joined by her husband Wilbur R. Knight, and filed an amended petition to include other defendants, among whom were Bobby M. Dubois, John Gilliam and Donie State Bank. Defendants, Dubois, Gilliam and Donie State Bank are residents of Freestone County, Texas. In response to the suit, Dubois, Gilliam, and Donie State Bank filed a joint pleading denominated “Defendants Bobby M. Dubois, John Gilliam and Cloner Gilliam, Individually, and in behalf of Donie State Bank Plea of Privilege.” Plaintiffs timely filed their controverting plea. The trial court scheduled a hearing on July 18, 1980, and at the hearing, despite defendants’ request that their pleas of privilege be heard and ruled upon first, the court heard evidence and ruled upon the matter of severance as to defendants Du-bois and Gilliam, and then heard the venue matter. A single order was entered affirming the plea of privilege as to Dubois and Gilliam, severing and transferring the cause of action, as to them, to Freestone County, and overruling as to the bank.
The Knights contend, by way of cross-point, that when defendants Dubois and Gilliam secured a ruling on their motion to sever without reserving their rights under their plea of privilege, they waived their rights to be sued in Freestone County. The Knights seek reversal of the order severing and transferring these defendants’ cause of action to Freestone County. At the commencement of the hearing on July 18, 1980, the Knights’ attorney insisted that the court first hear the matter of severance. Defendants’ attorney objected and insisted that the plea of privilege be heard first. During the course of the hearing, defendants’ attorney repeatedly stated that he did not want to waive their plea of privilege. We find the evidence more than sufficient to negate the intent of defendants Dubois, Gilliam and Donie State Bank to waive their right to be sued in Freestone County.
The Knights next contend that Donie State Bank’s plea of privilege was fatally defective by its failure to comply
The judgment of the trial court as to the severance of Dubois and Gilliam and the transfer of their case to Freestone County is affirmed. The judgment of the trial court as to Donie State Bank is reversed and remanded with instructions to sever Donie State Bank and transfer its case to Freestone County.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.