Briarcliff, Inc. v. Texas Automatic Sprinklers, Inc.

CLAUDE WILLIAMS, Chief Justice.

This is an appeal from an order overruling a plea of privilege filed by the three appellants. The sole question presented is whether appellee has met its burden of establishing by a preponderance of the evidence that subdivision 5, Article 1995, Vernon’s Annotated Civil Statutes of Texas, is proper to be applied and therefore placing venue of the litigation in Dallas County, Texas. We hold that the exception to the venue statute is not applicable and therefore reverse the judgment.

Appellee brought this action against appellants in a district court of Dallas…