Rosenthal v. Short

EVANS, Justice.

The defendant appeals from a final judgment entered in favor of the plaintiff in a suit on a written lease agreement. The question before this court is whether the trial court properly disposed of the venue issue before proceeding to trial on the merits.

The record reflects that after the defendant was served with the plaintiff’s original petition, he filed a plea of privilege, asserting his right to be sued in Dallas County, the county of his residence. The plaintiff then filed his controverting affidavit, attaching his certificate of service that he had mailed a true and…