Bleeker v. Villarreal

OPINION ON MOTION FOR REHEARING

We overrule Bleeker’s motion for rehearing and for rehearing en bane, but we will briefly address Bleeker’s venue arguments to clarify our decision.

Bleeker contends that our opinion improperly encumbered him with the burden of proof on the venue issue. Before the trial court, the burden of proof is placed on “the party pleading the venue fact” to “make pri-ma facie proof of that venue fact” when it has been specifically denied. Tex.R.Civ.P. 87.3(a). On appeal, however, we search “the entire record, including the trial on the merits.” Tex.Civ.Prac. & Rem.Code…