In Re Cont'l Airlines, Inc., 988 S.W.2d 733 (Tex. 1998). · Go Syfert
In Re Cont'l Airlines, Inc., 988 S.W.2d 733 (Tex. 1998). Cases Citing This Book View Copy Cite
149 citation events (147 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) In Re T. Bently Durant; Thomas R. Durant; The Durant Classic Dynasty Trust; Michael A. Ward; 8100 Partners, Ltd.; 8100 Management LLC; 8705 Partners, Ltd.; 8705 Management LLC; Classic Chevrolet Sugar Land LLC; Classic Chevrolet West Houston, LLC; Classic Elite Buick GMC, Inc.; And 16835 Cadet Partners, LLC v. the State of Texas (9×) also: Cited as authority (rule), Cited "see, e.g."
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
actions for declaratory judgments are governed by general venue rules for civil actions. ... the injunction venue statute tex. civ. prac. rem. code 65.023(a) applies only to suits in which the relief sought is purely or primarily injunctive.
examined Cited as authority (verbatim quote) Daniel Kearns v. Ron Heller & Business Air Inc. (3×) also: Cited as authority (rule)
Tex. App. · 2024 · quote attribution · 2 verbatim quotes · confidence high
as fort worth asserts, its pleadings do not ask for and would not support a permanent injunction. . . . we cannot reform fort worth's requests for relief to reflect the relators' suspicions.
examined Cited as authority (verbatim quote) the City of Austin And Marc A. Ott, in His Official Capacity as City Manager of the City of Austin// Utility Associates, Inc. and Mr. v. Bruce Evans, a Resident of Austin v. Utility Associates, Inc. and Mr. v. Bruce Evans, a Resident of Austin// the City of Austin And Marc A. Ott, in His Official Capacity as City Manager of the City of Austin (2×)
Tex. App. · 2016 · quote attribution · 2 verbatim quotes · confidence high
the mere possibility that a defendant will disobey the final declaratory judgment of a court, causing it to enforce its judgment through injunction, does not transform the suit into an injunction suit. . . .
examined Cited as authority (verbatim quote) the City of Austin and Marc A. Ott, in His Official Capacity as City Manager of the City of Austin v. Utility Associates, Inc. And Mr. v. Bruce Evans, a Resident of Austin, Texas, Individually (2×)
Tex. App. · 2016 · quote attribution · 2 verbatim quotes · confidence high
the mere possibility that a defendant will disobey the final declaratory judgment of a court, causing it to enforce its judgment through injunction, does not transform the suit into an injunction suit. . . .
discussed Cited as authority (rule) In Re Powered by People and Robert Francis O'Rourke v. the State of Texas
Tex. App. · 2025 · confidence medium
In re Cont’l Airlines, Inc., 988 S.W.2d 733, 736 (Tex. 1998) (listing venue disputes where courts have relied upon prayer to determine nature of case); In re City of Dallas, 977 S.W.2d 798, 804 (Tex. App.—Fort Worth 1998, orig. 23 proceeding) (“When those pleadings show that the issuance of a permanent injunction is the primary and principal relief sought in the lawsuit, venue is mandatory in the county of the defendant’s domicile.”).
examined Cited as authority (rule) Pecos Housing Finance Corporation, Pleasanton Housing Finance Corporation, Maverick Housing Finance Corporation, and La Villa Housing Finance Corporation v. City of Arlington (7×) also: Cited "see"
Tex. App. · 2025 · confidence medium
Id. § 65.023(a) (“[A] writ of injunction against a party who is a resident of this state shall be tried in a district or county court in the county in which the party is domiciled.”); In re Cont’l Airlines, Inc., 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding) (“The statute placing venue for injunction suits in the county of the defendant’s domicile is mandatory.”). 12.
discussed Cited as authority (rule) In Re Baseline Energy Services, LP and Baseline Services, LLC v. the State of Texas
Tex. App. · 2025 · confidence medium
Holdings, Inc., 596 S.W.3d at 765 (quoting In re Cont’l Airlines, Inc., 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding)); see In re Hardwick, 426 S.W.3d 151, 158 (Tex. App.— 13 Houston [1st Dist.] 2012, orig. proceeding).
discussed Cited as authority (rule) In Re ETC Filed Services, LLC v. the State of Texas
Tex. App. · 2025 · confidence medium
But that did not occur here and should become unlikely in the future as time and limitations pass.20 ETC points out correctly that chapter 25A does not explicitly say it applies “only” to cases commenced on or after September 1, 2024, and for cases 17 Id. § 25A.006(g). 18 See, e.g., In re Cont’l Airlines, Inc., 988 S.W.2d 733, 735 (Tex. 1998). 19 See Morath v. Lewis, 601 S.W.3d 785 , 787 (Tex. 2020). 20 The general tolling provision would not apply to such actions since it is limited to cases dismissed “because of lack of jurisdiction in the trial court where the action was first file…
cited Cited as authority (rule) Lufkin US Aquisition Company, LLC v. APEX Group USA, Inc; Wes Hall; Wesley Armstrong; Cong Zhang; And Kenneth E.
Tex. App. · 2024 · confidence medium
“Actions for declaratory judgments are governed by general venue rules for civil actions.” In re Cont’l Airlines, Inc., 988 S.W.2d 733, 735 (Tex. 1998).
discussed Cited as authority (rule) In Re M3P Directional Services, Ltd. v. the State of Texas
Tex. App. · 2024 · confidence medium
Magnesias Corp., 206 S.W.3d 114, 117 (Tex. 2006) (orig. proceeding); In re Cont'l Airlines, Inc., 988 S.W.2d 733, 735 (Tex. 1998) (orig. proceeding). “[A] clear failure by the trial court to analyze or apply the law correctly will constitute an abuse of discretion . . ..” Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding).
examined Cited as authority (rule) in Re the State of Texas (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2022 · confidence medium
The Texas Supreme Court has held that section 65.023(a) “applies only to suits in which the relief sought is primarily or purely injunctive.” In re Cont’l Airlines, 988 S.W.2d 733, 736 (Tex. 1998).
examined Cited as authority (rule) in Re Fox River Real Estate Holdings, Inc., M. Buckner Baccus, Daniel T. Cooper, Ross M. Cummings, Warren Demaio, Bruce F. Dickson, Keith K. Dickson, Eugene A. Frost, Jr., Mark A. Frost, and August J. Pellizzi (3×) also: Cited "see"
Tex. · 2020 · confidence medium
Bds., 169 S.W.3d at 656 . 20 In re Cont’l Airlines, Inc., 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding). 21 See State v. Shumake, 199 S.W.3d 279, 284 (Tex. 2006); see In re Fisher, 433 S.W.3d 523, 530 (Tex. 2014) (orig. proceeding) (using “a common-sense examination of the substance of the claims to determine whether the [venue] statute applies”). 5 well-established statutory-construction principles and a plain-language approach.22 Unless we determine section 15.020 controls over all other venue provisions, we must then examine the substance of Fox River’s claims using a commonsen…
discussed Cited as authority (rule) Matthew S. Bovee v. Houston Press LP (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
However, this applies “only to suits in which the relief sought is purely or primarily injunctive.” In re Continental Airlines, Inc., 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding).
discussed Cited as authority (rule) in Re: Keith Ross (2×)
Tex. App. · 2018 · confidence medium
In re Lopez, 372 S.W.3d 174 , 176–77 (Tex. 2012) (citing In re Cont’l Airlines, Inc., 988 S.W.2d 733, 735 (Tex. 1998) (orig. proceeding); TEX.
cited Cited as authority (rule) in Re: Valerie Dyer Harding
Tex. App. · 2018 · confidence medium
In re Cont’l Airlines, Inc., 988 S.W.2d 733, 735 (Tex. 1998) (orig. proceeding).
discussed Cited as authority (rule) in Re: Ameri-Fab, LLC, Brazos Rock, Inc., Curtis Chester, Shelley Chester, Chad Chester, and Zack Chester (2×) also: Cited "see, e.g."
Tex. App. · 2018 · confidence medium
Section 65.023 is a mandatory venue statute that applies to suits “in which the relief sought is purely or primarily injunctive.” In re Cont’l Airlines, 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding).
discussed Cited as authority (rule) in Re Pentex Foundation and Joshua Unger, Trustee of GBU Friends and Associates, Trust (2×)
Tex. App. · 2015 · confidence medium
Magnesias Corp., 206 S.W.3d 114, 117 (Tex. 2006) . . . . . . . 8 In Re AutoNation, 228 S.W.3d 663 (Tex. 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 In re Cont'l Airlines, Inc., 988 S.W.2d 733, 735 (Tex. 1998) . . . . . . . . . . . . . . . . . . 8 In re David Lopez, Sr., 372 S.W.3d 174, 176-77 (Tex. 2012) . . . . . . . . . . . . . . . . . . 8 In Re: Fisher, 433 S.W.3d 523 (Tex. 2014) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,10 In Re: Kenneth Vern Gibbs, et al., No. 06-15-00002-CV, 2015 Tex. App. LEXIS 906 (Tex. App. – Texarkana, Jan. 30, 2015) . . . …
discussed Cited as authority (rule) in Re the Signorelli Company, Inc., Signorelli Operating Corporation, Signorelli Holdings, Ltd., Signorelli Investment Company, Ltd., Signorelli Investment Operating Company, L.L.C., Signorelli Homes, Ltd., Signorelli Homes Operating Company, L.L.C., Sign
Tex. App. · 2014 · confidence medium
Magnesias Corp., 206 S.W.3d 114, 117 (Tex. 2006) (orig. proceeding); In re Cont’l Airlines, Inc., 988 S.W.2d 733, 735 (Tex. 1998) (orig. proceeding). “[A] clear failure by the trial court to analyze or apply the law correctly will constitute an abuse of discretion . . . .” Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding).
discussed Cited as authority (rule) In re Signorelli Co.
Tex. App. · 2014 · confidence medium
Magnesias Corp., 206 S.W.3d 114, 117 (Tex.2006) (orig. proceeding); In re Cont’l Airlines, Inc., 988 S.W.2d 733, 735 (Tex.1998) (orig. proceeding). “[A] clear failure by the trial court to analyze or apply the law correctly will constitute an abuse of discretion .... ” Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992) (orig. proceeding).
cited Cited as authority (rule) in Re CC&M Garza Ranches Limited Partnership
Tex. App. · 2013 · confidence medium
In re Cont’l Airlines, Inc., 988 S.W.2d 733, 735 (Tex.1998) (orig. proceeding); see also Tex. Civ.
examined Cited as authority (rule) in Re City of Corpus Christi, Texas (3×) also: Cited "see"
Tex. App. · 2012 · confidence medium
The Texas Supreme Court has held that section 65.023(a) Aapplies only to suits in which the relief sought is purely or primarily injunctive.@ In re Cont’l Airlines, Inc., 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding).
discussed Cited as authority (rule) in Re Mark P. Hardwick, Individually and D/B/A Mark P. Hardwick Oil & Gas Properties and Mark P. Hardwick, LLC (2×) also: Cited "see"
Tex. App. · 2012 · confidence medium
In re Cont’l Airlines, Inc., 988 S.W.2d 733, 735 (Tex.1998) (orig. proceeding); see also Tex. Civ.
cited Cited as authority (rule) In re Lopez
Tex. · 2012 · confidence medium
In re Cont’l Airlines, Inc., 988 S.W.2d 733, 735 (Tex.1998) (orig.proceeding); Tex. Civ.
discussed Cited as authority (rule) in Re R Wayne Johnson, Relator
Tex. App. · 2012 · confidence medium
In re Continental Airlines, Inc., 988 S.W.2d 733, 735 (Tex. 1998) (orig. proceeding). “[A]dequacy of an appellate remedy is not a requisite of a mandatory venue mandamus under section 15.0642.” In re Missouri Pac.
discussed Cited as authority (rule) in Re R Wayne Johnson, Relator
Tex. App. · 2012 · confidence medium
In re Continental Airlines, Inc., 988 S.W.2d 733, 735 (Tex. 1998) (orig. proceeding). "[A]dequacy of an appellate remedy is not a requisite of a mandatory venue mandamus under section 15.0642." In re Missouri Pac.
discussed Cited as authority (rule) in Re: Adan Volpe Properties, Ltd. and Maricela Volpe as General Partner (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
The Texas Supreme Court has held that section 65.023 “applies only to suits in which the relief sought is purely or primarily injunctive.” In re Cont’l Airlines, 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding).
discussed Cited as authority (rule) in Re: Adan Volpe Properties, Ltd. and Maricela Volpe as General Partner (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
The Texas Supreme Court has held that section 65.023 "applies only to suits in which the relief sought is purely or primarily injunctive." In re Cont'l Airlines , 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding).
discussed Cited as authority (rule) In Re Adan Volpe Properties, Ltd. (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
The Texas Supreme Court has held that section 65.023 “applies only to suits in whieh the relief sought is purely or primarily injunctive.” In re Cont’l Airlines, 988 S.W.2d 733, 736 (Tex.1998) (orig. proceeding).
examined Cited as authority (rule) Troy J. Shuttleworth v. G & a Outsourcing, Inc. D/B/A G & a Partners (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2009 · confidence medium
The Texas Supreme Court has held that section 65.023(a) “applies only to suits in which the relief sought is primarily or purely injunctive.” In re Continental Airlines , 988 S.W.2d 733, 736 (Tex. 1998).
discussed Cited as authority (rule) in Re: Graybar Electric Company, Inc., Mira Enterprises, Inc., and Mark Stallings, Inc. (2×) also: Cited "see"
Tex. App. · 2008 · confidence medium
The supreme court noted that “the injunction venue statute applies only to suits in which the relief sought is purely or primarily injunctive.” In re Continental Airlines, 988 S.W.2d at 736 (emphasis added) (citing Ex parte Coffee, 160 Tex. 224 , 328 S.W.2d 283, 287 (Tex. 1959) (holding that the statute now codified as section 65.023 of the civil practice and remedies code “only applies to and governs the issuance and return of writs and trial in cases in which the relief sought is purely or primarily injunctive.”)); see also In re Daniel, No. 12-06- 00232-CV, 2006 Tex. App. LEXIS 7207…
discussed Cited as authority (rule) in Re: Graybar Electric Company, Inc., Mira Enterprises, Inc., and Mark Stallings, Inc. (2×) also: Cited "see"
Tex. App. · 2008 · confidence medium
The supreme court noted that "the injunction venue statute applies only to suits in which the relief sought is purely or primarily injunctive." In re Continental Airlines , 988 S.W.2d at 736 (emphasis added) (citing Ex parte Coffee , 160 Tex. 224 , 328 S.W.2d 283, 287 (Tex. 1959) (holding that the statute now codified as section 65.023 of the civil practice and remedies code "only applies to and governs the issuance and return of writs and trial in cases in which the relief sought is purely or primarily injunctive.")); see also In re Daniel , No. 12-06-00232-CV, 2006 Tex. App. LEXIS 7207 , at …
discussed Cited as authority (rule) Robert S. Howell, D.C. First Rio Valley Medical, P.A. Keith Gilbert William Maxwell And Gilbert & Maxwell, P.L.L.C. v. Texas Workers' Compensation Commission Envoy Medical Systems, L.L.C. Texas Mutual Insurance Company State Office of Risk Management and Continental Casualty Insurance Company (2×) also: Cited "see"
Tex. App. · 2004 · confidence medium
However, “the injunction venue statute applies only to suits in which the relief sought is purely or primarily injunctive.” In re Continental Airlines, Inc., 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding) (citing Ex parte Coffee, 328 S.W.2d 283, 287 (Tex. 1959)).
discussed Cited as authority (rule) Howell v. Texas Workers' Compensation Commission (2×) also: Cited "see"
Tex. App. · 2004 · confidence medium
However, “the injunction venue statute applies only to suits in which the relief sought is purely or primarily injunctive.” In re Continental Airlines, Inc., 988 S.W.2d 733, 736 (Tex.1998) (orig.proceeding) (citing Ex parte Coffee, 160 Tex. 224 , 328 S.W.2d 283, 287 (1959)).
discussed Cited as authority (rule) Robert S. Howell, D.C. First Rio Valley Medical, P.A. Keith Gilbert William Maxwell And Gilbert & Maxwell, P.L.L.C. v. Texas Workers' Compensation Commission Envoy Medical Systems, L.L.C. Texas Mutual Insurance Company State Office of Risk Management and Continental Casualty Insurance Company (2×) also: Cited "see"
Tex. App. · 2004 · confidence medium
However, "the injunction venue statute applies only to suits in which the relief sought is purely or primarily injunctive." In re Continental Airlines, Inc. , 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding) (citing Ex parte Coffee , 328 S.W.2d 283, 287 (Tex. 1959)).
cited Cited as authority (rule) Karen Corp. v. the Burlington Northern and Santa Fe Railway Company
Tex. App. · 2003 · confidence medium
In re Continental Airlines, Inc. , 988 S.W.2d 733, 735 (Tex. 1998).
cited Cited as authority (rule) Karen Corp. v. the Burlington Northern and Santa Fe Railway Company
Tex. App. · 2003 · confidence medium
In re Continental Airlines, Inc. , 988 S.W.2d 733, 735 (Tex. 1998).
cited Cited as authority (rule) Karen Corp. v. Burlington Northern & Santa Fe Railway Co.
Tex. App. · 2003 · confidence medium
In re Continental Airlines, Inc., 988 S.W.2d 733, 735 (Tex.1998).
cited Cited as authority (rule) O'QUINN v. Hall
Tex. App. · 2002 · confidence medium
Hall relies on In re Cont’l Airlines, Inc., 988 S.W.2d 733, 736 (Tex.1998).
cited Cited as authority (rule) Karagounis v. Bexar County Hospital District
Tex. App. · 2001 · confidence medium
Section 65.023 applies “only to suits in which the relief sought is purely or primarily injunctive.” In re Continental Airlines, Inc., 988 S.W.2d 733, 736 (Tex.1998).
cited Cited as authority (rule) in Re Main Street, LTD. Main Street Homes of Austin, Inc. And Main Street Homes, Inc.
Tex. App. · 2001 · confidence medium
In re Continental Airlines, Inc. , 988 S.W.2d 733, 735 (Tex. 1998) .
cited Cited as authority (rule) Vasilios A. Karagounis, M.D., Ph.D. v. University of Texas Health Science Center at San Antonio Bexar County Hospital District, D/B/A University Hospital Jay B. Aust, Kenneth R. Sirinek, Glen Halff and Robert S. Esterl, Individually and in Their Official Capacities
Tex. App. · 2001 · confidence medium
Section 65.023 applies "only to suits in which the relief sought is purely or primarily injunctive." In re Continental Airlines, Inc , 988 S.W.2d 733, 736 (Tex. 1998).
discussed Cited "see" in Re United Biologics, LLC D/B/A United Allergy Labs
Tex. App. · 2011 · signal: see · confidence high
See In re Cont’l Airlines, 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding); In re Adan Volpe Props., 306 S.W.3d 369, 375 (Tex. App.–Corpus Christi 2010); O'Quinn v. Hall, 77 S.W.3d 452, 456 (Tex. App–Corpus Christi 2002, orig. 2 proceeding).
discussed Cited "see" in Re United Biologics, LLC D/B/A United Allergy Labs
Tex. App. · 2011 · signal: see · confidence high
See In re Cont’l Airlines , 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding); In re Adan Volpe Props ., 306 S.W.3d 369, 375 (Tex. App.–Corpus Christi 2010); O'Quinn v. Hall , 77 S.W.3d 452, 456 (Tex. App–Corpus Christi 2002, orig. proceeding).
discussed Cited "see" Mickey Dean Griffith v. State (2×)
Tex. App. · 2008 · signal: see · confidence high
See In re Cont'l Airlines , 988 S.W.2d 733, 736 (Tex. 1998). (2) Dr. Pepper contends that, even if this is an effort to enforce a mandatory venue statute, mandamus is not available here because the mandatory venue claim does not come within Chapter 15 of the Texas Civil Practice and Remedies Code.
discussed Cited "see" in Re Dole Food Company, Inc. and James Teater
Tex. App. · 2008 · signal: see · confidence high
See id. §§ 15.016, 65.023. "[T]he injunction venue statute applies only to suits in which the relief sought is purely or primarily injunctive." In re Cont'l Airlines, Inc., 988 S.W.2d 733, 736 (Tex. 1998) (orig. proceeding).
discussed Cited "see" In Re Dole Food Company, Inc.
Tex. App. · 2008 · signal: see · confidence high
See id. §§ 15.016, 65.023. “[T]he injunction venue statute applies only to suits in which the relief sought is purely or primarily injunctive.” In re Cont'l Airlines, Inc., 988 S.W.2d 733, 736 (Tex.1998) (orig.proceeding).
cited Cited "see" in Re: Darryl Daniel
Tex. App. · 2006 · signal: see · confidence high
See In re Continental Airlines , 988 S.W.2d at 736 .
discussed Cited "see" In Re Pepsico, Inc. (2×)
Tex. App. · 2002 · signal: see · confidence high
See In re Cont'l Airlines, 988 S.W.2d 733, 736 (Tex.1998). 2 *790 Dr. Pepper contends that, even if this is an effort to enforce a mandatory venue statute, mandamus is not available here because the mandatory venue claim does not come within Chapter 15 of the Texas Civil Practice and Remedies Code.
discussed Cited "see" in Re: PepsiCo, Inc. and Jeff Lombardo (2×)
Tex. App. · 2002 · signal: see · confidence high
See In re Cont'l Airlines , 988 S.W.2d 733, 736 (Tex. 1998). (2) Dr. Pepper contends that, even if this is an effort to enforce a mandatory venue statute, mandamus is not available here because the mandatory venue claim does not come within Chapter 15 of the Texas Civil Practice and Remedies Code.
discussed Cited "see" In Re Stroud Oil Properties, Inc.
Tex. App. · 2002 · signal: accord · confidence high
R.R., 998 S.W.2d at 216 (footnotes omitted); accord In re Continental Airlines, Inc., 988 S.W.2d 733, 735 (Tex.1998) (orig.proeeeding); In re O’Quinn, 77 S.W.3d 452, 456 (Tex.App.Corpus Christi 2002, orig. proceeding).
Retrieving the full opinion text from the archive…
In Re CONTINENTAL AIRLINES, INC. and Continental Express, Inc., Relators. in Re Legend Airlines, Inc., Relator. in Re City of Dallas, Relator
98-0598, 98-0599 and 98-0818.
Texas Supreme Court.
Sep 24, 1998.
988 S.W.2d 733
E. Lawrence Vincent, Terrell W. Oxford, Dallas, Randall W. Wilson, Thomas W. Paterson, Houston, H. Dustin Fillmore, Fort Worth, for Relator in No. 98-0598., Bill F. Bogle, Russell R. Barton, Fort Worth, Michael V. Powell, Elizabeth Lang-Miers, Morris Harrell, Cynthia Keely Timms, Francis R. Majorie, Marilyn K. Lahr, James E. Coleman, Elizabeth D. Whitaker, James A. Cox, Sam A. Lindsay, Dallas, Linda Lawson Gaither, Amy K. Hunt, Lyndon F. Bittle, Dallas, Dee J. Kelly, Marshall M. Searcy, Brian Scott Stagner, E. Glen Johnson, David E. Keltner, R.H. Wallace, Jr., John Y. Bonds, III, Anne Gardner, Fort Worth, Jonathan G. Kerr, Fort Worth, Paul C. Watler, Joseph C. Edwards, Dallas, Mark S. Dugan, Foi't Worth, for Respondents in No. 98-0598., Paul C. Watler, Joseph C. Edwards, Robert B. Gilbreath, Craig Naveen Kakarla, Francis R. Majorie, Marilyn K. Lahr, Dallas, for Relator in No. 98-0599., Bill F. Bogle, Russell R. Barton, Fort Worth, Morris Harrell, Michael V. Powell, Cynthia Keely Timms, Elizabeth Lang-Mi-ers, Dallas, Dee J. Kelly, Marshall M. Sear-cy, Jr., Brian Scott Stagner, David E. Kelt-ner, Fort Worth, for Respondents in No. 98-0599., Sam A. Lindsay, Linda Lawson Gaither, James E. Coleman, Elizabeth D. Whitaker, Lyndon F. Bittle, Amy K. Hunt, Dallas, for Relator in No. 98-0818., Wade Adkins, Dee J. Kelly, Marshall M. Searcy, Jr., Brian Scott Stagner, Fort Worth, for Respondents in No. 98-0818.
Gonzalez.
Cited by 58 opinions  |  Published
GONZALEZ, Justice,

delivered the opinion of the Court.

In these original mandamus proceedings we decide whether venue for the underlying lawsuits is mandatory in the counties where the relators are domiciled. The City of Fort Worth filed suit in Tarrant County district court for a judgment declaring rights under compacts and agreements with the City of Dallas concerning Dallas-Fort Worth International Airport and the use of Love Field Airport. It later sought temporary injunc-tive relief against airlines using Love Field. Each of the relators moved to transfer venue, arguing that Fort Worth’s causes of action,[*735] properly considered, are injunction suits that must be brought in a defendant’s domicile county. The trial court denied the motions. We conclude that the trial court did not abuse its discretion, and deny mandamus relief.

I

In 1968, the cities of Fort Worth and Dallas executed a concurrent bond ordinance and a contract to establish a regional airport, Dallas-Fort Worth International Airport. Their agreements limited subsequent interstate flights out of local airports such as Love Field Airport in Dallas. According to the City of Fort Worth, the cities agreed in the late 1970s to allow “turn around flights” to states adjacent to Texas from Love Field. At about the same time, the Wright Amendment was passed incorporating many of the same terms into federal law. See Act of Feb. 15,1980, Pub.L. No. 96-192, § 29(c), 94 Stat. 28 (1980) (amended 1997). However, Congress enacted the Shelby Amendment in 1997, which eased some of the restrictions of the Wright Act. See Act of Oct. 27, 1997, Pub.L. No. 105-66, § 337, 111 Stat. 1447 (1997).

In October 1997, the City of Fort Worth filed suit in Tarrant County against the City of Dallas, the DFW Airport Board, Legend Airlines, and others for a declaratory judgment to settle the parties’ rights concerning the usage of Love Field airport under the various contracts and compacts, as affected by the federal statutes. The City of Dallas and Legend responded and moved to transfer venue to Dallas County. American Airlines intervened seeking the same declaratory relief as Fort Worth.

On May 19, 1998, Continental Airlines announced that it intended to commence scheduled passenger flights on July 1, 1998 from Love Field to Cleveland, Ohio. On the same day as its announcement, Continental filed a declaratory judgment action against Dallas and Fort Worth in federal court, asking that court to declare it had a right under federal law to commence flying to Cleveland.

Fort Worth, and American amended their state court petitions to include a prayer for a judgment declaring that flights from Love Field to Cleveland would violate the 1968 contracts. The DFW Board also filed a cross claim against Continental for a declaratory judgment. Continental answered and sought a change of venue to Harris County. On June 19, 1998, Fort Worth and the DFW Board requested a temporary restraining order and temporary injunction to keep Continental from commencing service. After healing, the district court denied the motions to transfer venue. At a later date, the district court also granted the requested temporary injunctive relief.

Dallas, Legend, and Continental all petitioned the court of appeals for writ of mandamus. It denied all relief, and issued • an opinion in connection with Dallas’ petition.

II

Relators have invoked our original mandamus jurisdiction to enforce mandatory venue in Section 15.0642 of the Texas Civil Practice and Remedies Code. This ease is our first writing on the statute. The parties assume that the standard for reviewing mandatory venue under Section 15.0642 is whether the trial court abused its discretion. We agree, and so hold. The Legislature chose mandamus advisedly, as it has demonstrated a cognizance of appellate standards in multiple sections dealing with appellate court review of venue decisions. See, e.g., Tex. Civ. PraC. & Rem.Code § 15.002(e) (stating that transfer for convenience is not grounds for appeal or mandamus); Tex. Civ. Prac. & Rem.Code § 15.003(c)(1) (stating that intervention or joinder may be subject to interlocutory appeal, to be decided from the record and not under either an abuse-of-discretion or substantial-evidence standard); Tex. Civ. Prao. & Rem.Code § 15.064(b) (stating that improper venue is never harmless error on appeal). If the Legislature intended courts to apply anything other than the abuse-of-discretion standard it would have said so.

III

Actions for declaratory judgments are governed by general venue rules for civil actions. Bonham State Bank v. Beadle, 907[*736] S.W.2d 465 (Tex.1995). Fort Worth alleged venue under the general venue statute and the contract venue statute. Tex. Civ. Peac. & Rem.Code § 15.002(a)(1) (the county in which all or a substantial part of the events giving rise to the claim occurred); § 15.035(a) (the county of contractual performance). However, injunction suits against a resident “shall be tried in a district or county court in the county in which the party is domiciled.” Tex. Civ. Prac. & Rem.Code § 65.023(a). The statute placing venue for injunction suits in the county of the defendant’s domicile is mandatory. Burton v. Rogers, 504 S.W.2d 404, 407 (Tex.1973).

The parties agree that the injunction venue statute applies only to suits in which the relief sought is purely or primarily in-junctive. See Ex parte Coffee, 160 Tex. 224, 328 S.W.2d 283, 287 (1959). Fort Worth contends that the temporary injunctive relief it has sought thus far, and may seek in the future, is ancillary to its prayer for declaratory relief. The Relators contend that Fort Worth’s pleading for a declaratory judgment thinly veils the injunctive nature of the suit. They first argue that when Fort Worth’s petition alleges “irreparable harm” and the threat to the “status quo” the City tips its hand and reveals that it truly seeks injunc-tive relief. However, throughout the pleading the only requests for court action ask the trial court to declare the parties’ rights under the contract.

The relators argue that courts in a number of venue cases have looked past pleas for a declaratory judgment and found the dominant purpose of the suit to be an injunction. See, e.g., Burton, 504 S.W.2d at 407; Billings v. Concordia Heritage Ass’n., 960 S.W.2d 688, 693 (Tex.App.—El Paso 1997, writ denied); KJ Eastwood Invs., Inc. v. Enlow, 923 S.W.2d 255, 257-58 (Tex.App.—Fort Worth 1996, orig. proceeding); Michalski v. Mutual Building & Loan Ass’n, 449 S.W.2d 834, 836 (Tex.Civ.App.—Fort Worth 1970, no writ); Guion v. Gibson, 439 S.W.2d 715, 715, 717 (Tex.Civ.App.—Houston [14 th Dist.] 1969, no writ). However, these cases do not inform our decision. A critical distinction is that in all of these cases, the petition prayed for an injunction. The plaintiff in Burton, a member of the Texas Optometry Board, sought a judgment declaring the board’s interpretive ruling void, and temporary and permanent injunctions to restrain enforcement of the ruling. Burton, 504 S.W.2d at 405. In Billings, a cemetery caretaker association pleaded for a declaratory judgment and permanent injunction to keep the descendants of John Wesley Hardin from disinterring his remains and removing them from El Paso County. The court concluded from the pleadings and trial record that the declaratory judgment action was not justiciable, leaving only the injunction action. Billings, 960 S.W.2d at 693. In KJ Eastwood Investments, the plaintiff sued to enjoin a foreclosure but did not articulate any claims relating to the property being foreclosed upon suitable for declaratory relief. KJ Eastwood, 923 S.W.2d at 257-58. Likewise, in Michal-ski the prayer for a declaratory judgment was to construe a provision in a deed of trust concerning foreclosure which the petitioner sought to enjoin. Michalski, 449 S.W.2d at 834. Finally, in Guión, attorneys sought to permanently enjoin former clients from asserting rights to properties the attorneys acquired through a contingency contract. Guion, 439 S.W.2d at 717.

Continental Airlines, Continental Express, and Legend argue that even if there is a valid declaratory judgment action against other parties, the lawsuit as to them must, as a matter of law, be characterized as injunc-tive. They assert that because Fort Worth has no contract or other written instrument with the airlines to construe under the Declaratory Judgment Act, the only relief that can be granted against the airlines is injunc-tive. However, the Declaratory Judgment Act provides that “all persons who have or claim any interest that would be affected by the declaration must be made parties.” Tex. Civ. Prac. & Rem.Code § 37.006(a).

Finally, the relators contend that the City of Fort Worth will be able to obtain a judgment, then use injunctive remedies to enforce the judgment. However, that can be said of any case. The mere possibility that a defendant will disobey the final judgment of a court, causing it to resort to enforce its judgment through injunction, does not trans[*737] form the suit into an injunction suit under section § 65.023(a).

The venue statutes give plaintiffs some degree of choice over where to file their suit. See Wilson v. Texas Parks & Wildlife Dept., 886 S.W.2d 259, 260 (Tex.1994) (holding that a “plaintiff is given the first choice in the filing of the lawsuit.”). Our Court has recognized that the legislative plan allows a plaintiff to control venue to a certain extent by deciding what relief to seek:

The existence of a certain set of facts may entitle a litigant to a choice between legal and equitable remedies and it may seem that no venue distinction between remedies should logically be drawn if convenience of trial for litigants and witnesses be the true basis of the venue exception, but the Legislature has expressly provided a special venue of injunction suits and in eases where the plaintiff alleges that he has no adequate remedy at law and hence is entitled to and requests injunctive relief, it would seem that he chooses the equitable remedy as and for his primary relief.

Brown v. Gulf Television Co., 306 S.W.2d 706, 709 (Tex.1957) (emphasis added). As Fort Worth asserts, its pleadings do not ask for and would not support a permanent injunction. Conversely, the pleadings state a justiciable controversy that may be fully resolved by declaratory judgment. We cannot reform Fort Worth’s requests for relief to reflect the relators’ suspicions. The relators’ motions fail to make out a ease of mandatory venue, and the district court did not abuse its discretion by denying the motions.

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We conclude that the trial court did not abuse its discretion by refusing to transfer venue. Because of our disposition, we do not consider whether Section 15.0642 requires the Relators to establish any other of the usual prerequisites for mandamus review. Accordingly, we decline to issue writs of mandamus.