Legal Opinion · Dissent

Ramcon Corp. v. American Steel Building Co.

Texas Court of Appeals, 8th District (El Paso)

Decided March 14, 1984No. 08-83-00336-CVPublished

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

  1. Speaker v. LawlerCourt of Appeals of Texas · 1971
  2. Fruit Dispatch Co. v. RaineyTexas Supreme Court · 1921
  3. Amigo Helicopters, Inc. v. JonesCourt of Appeals of Texas · 1972
  4. Jacobson v. WoodCourt of Appeals of Texas · 1940
  5. In Re the Marriage of GillmanCourt of Appeals of Texas · 1974

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