Legal Opinion · Concurrence

A.V.A. Services, Inc. v. Parts Industries Corp.

Texas Court of Appeals, 9th District (Beaumont)

Decided July 24, 1997No. 09-95-370 CVPublished

1ConcurrenceBurgess, Justice

I concur in the result, but vehemently disagree with the majority’s dismissing points of error two and three for lack of jurisdiction. Point of error two alleges the trial court erred in denying A.V.A.’s motion to quash the forcible detainer proceedings. Although titled a motion to quash, the motion is in reality a plea to the jurisdiction. The motion acknowledged there was a lease agreement between the parties, but alleged A.V.A. had exercised an option to purchase the property and thus the landlord-tenant relationship had ceased and a vendor-purchaser relationship had arisen. Therefore,…

2Cases cited20 opinions

  1. Goggins v. LeoCourt of Appeals of Texas · 1993
  2. Mitchell v. Armstrong Capital Corp., Texas Court of Appeals, 1st District (Houston)1995
  3. Haginas v. Malbis Memorial FoundationTexas Supreme Court · 1962
  4. Haith v. DrakeCourt of Appeals of Texas · 1980
  5. Byrd v. Attorney General, Texas Court of Appeals, 9th District (Beaumont)1994

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