Ramcon Corp. v. American Steel Building Co.
Texas Court of Appeals, 8th District (El Paso)
1DissentStephen F. Preslar, Chief Justice
I respectfully dissent from the procedure of dismissing the appeal. I would reverse the judgment of the trial court and direct *462the trial court to dismiss the venue cause of action.
This is a void judgment under Section 4(b) of Article 1995 as amended and effective September 1, 1983. That subsection provides that venue of third-party claims is established by the venue of the main action. The court then could not entertain this plea by the third-party defendant. Because there is no provision in law allowing this venue plea, the judgment is void. Stated otherwise, the trial court was without…
2Cases cited5 opinions
- Speaker v. LawlerCourt of Appeals of Texas · 1971
- Fruit Dispatch Co. v. RaineyTexas Supreme Court · 1921
- Amigo Helicopters, Inc. v. JonesCourt of Appeals of Texas · 1972
- Jacobson v. WoodCourt of Appeals of Texas · 1940
- In Re the Marriage of GillmanCourt of Appeals of Texas · 1974