Picadilly Cafeteria of Waco, Inc. v. Lee

Majority Opinion on Rehearing

DIXON, Chief Justice.

I respectfully dissent. In my opinion appellant’s motion for rehearing should be sustained, and we should reverse and remand the cause to the trial court with directions to sustain appellant’s plea of privilege.

In his first counterpoint on appeal appellee takes the position that our dismissal of the former appeal was in effect an affirmance of the trial court’s order overruling appellant’s plea of privilege rendered in the previous case. I do not agree.

We dismissed the former appeal because the venue question then before us had become moot and…