Donie State Bank v. Knight

STEPHENS, Justice.

This venue case presents two questions for our review. First, did the defendants waive their right to be sued in the county of their residence by participating in a hearing on severance prior to the hearing on the plea of privilege? Second, was defendant bank’s plea of privilege fatally defective under Tex.R.Civ.P. 86? We answer both questions in the negative and reverse.

Plaintiff, Betty J. Knight, first sued Arrow Trucking Company and Donald W. Matthews in Dallas County, Texas for damages arising out of an automobile collision. Plaintiff was joined by her husband Wilbur R.…