Midway CC Venture I, LP v. O&V Venture, LLC
Court of Appeals of Texas
1Opinion of the Court
OPINION
Sherry Radack, Chief Justice
The issue in this case is whether the district court erred by temporarily enjoining a landlord from filing a suit in justice court to evict a tenant for non-payment of rent because of a previously-filed declaratory judgment action in the district court. Because the justice court has exclusive jurisdiction in a landlord-tenant dispute over possession, and no issue of title is involved, we hold that the trial court’s order enjoining the landlord from filing an eviction suit in justice court was an abuse of discretion. Accordingly, we reverse the trial court’s…
2Cases cited11 opinions
- Walker v. PackerTexas Supreme Court · 1992
- Butnaru v. Ford Motor Co.Texas Supreme Court · 2002
- Rice v. Pinney, Texas Court of Appeals, 5th District (Dallas)2001
- McGlothlin v. KliebertTexas Supreme Court · 1984
- Telephone Equipment Network, Inc. v. Ta/Westchase Place, Ltd., Texas Court of Appeals, 1st District (Houston)2002
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3Cited by5 opinions
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- Gregg v. U.S. Bank Trust National Association, as Trustee of Cabana Series III TrustDistrict Court, E.D. Texas · 2020
- Laredo Jet Center, LLC v. City of Laredo, Texas Court of Appeals, 4th District (San Antonio)2018
- Soon Hwa Lee and Alice Lee Chan, as of the Estate of Sik Lee v. Sang Ku Park, Texas Court of Appeals, 1st District (Houston)2026