Legal Opinion

Lee v. GST TRANSPORT SYSTEM, LP

Texas Court of Appeals, 5th District (Dallas)

Decided October 1, 2008No. 05-08-00118-CVPublishedCited by 20 opinions

1Opinion of the Court

OPINION

Opinion by

Justice FRANCIS.

Two competing lawsuits arising out of a fatality collision were filed in district courts in Dallas and Madison counties. Both trial courts asserted dominant jurisdiction. This interlocutory appeal comes to us on an agreed order on a controlling question of law. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014(d) (Vernon 2008). The issue presented is: “Under the ‘relation-back’ and/or the ‘first-filed’ doc-trinéis), which is the court of dominant jurisdiction?” To answer the issue, we must decide whether the relation-back doctrine, embodied in section 16.068 of the…

2Cases cited12 opinions

  1. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  2. Fitzgerald v. Advanced Spine Fixation Systems, Inc.Texas Supreme Court · 1999
  3. Austin Nursing Center, Inc. v. LovatoTexas Supreme Court · 2005
  4. Leland v. BrandalTexas Supreme Court · 2008
  5. Perry v. Del RioTexas Supreme Court · 2001

7 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Combs v. Texas Civil Rights ProjectCourt of Appeals of Texas · 2013
  2. Ashton Grove L.C. v. Jackson Walker L.L.P., Texas Court of Appeals, 5th District (Dallas)2012
  3. City of Dallas v. Dallas Black Fire Fighters Ass'n, Texas Court of Appeals, 5th District (Dallas)2011
  4. Drake v. WalkerCourt of Appeals of Texas · 2017
  5. Lagow v. Hamon ex rel. RoachCourt of Appeals of Texas · 2012

15 more not listed; retrieve them via the Exa API.

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