Smith v. Sun-Belt Aviation, Ltd.

OPINION

ESQUIVEL, Justice.

This is a venue case. Appellee Sun-Belt Aviation, Ltd. brought suit on sworn account against appellant E. L. Smith, d/b/a Aztec Services for goods, merchandise, wares and services that Sun-Belt provided Smith. Smith filed his plea of privilege seeking to have the matter transferred to his county of domicile, Nueces County. The trial court overruled Smith’s plea of privilege. We reverse and remand.

The order of the trial court states that the appellant Smith made no appearance at the venue hearing, although he was duly cited. In the transcript, the appellant included a…