Kerri D. Condie, P.C. v. Michelle McLaughlin

Order entered March 29, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00085-CV
KERRI D. CONDIE, P.C., Appellant
V.
MICHELLE MCLAUGHLIN, Appellee
On Appeal from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-17-05911
ORDER
On the Court’s own motion, we request the parties submit supplemental briefing
regarding the following:
1) Whether section 15.013 of the civil practice and remedies code applies in this case.
Section 15.013 provides, “Actions to restrain execution of a judgment based on
invalidity of the judgment or of the writ shall be brought in the county in which the
judgment was rendered.” TEX. CIV. PRAC. & REM. CODE ANN. § 15.013.
2) Whether common law holdings that a final judgment of venue irrevocably fixes venue
of any suit involving the same subject matter and parties apply in this case. See, e.g.,
Miller v. State & Cnty. Mut. Fire Ins. Co., 1 S.W.3d 709, 712–13 (Tex. App.—Fort
Worth 1999, no pet.).
3) Whether this Court can consider either section 15.013 or the common law holding
cited above in view of the current posture of this case and this Court’s decision in St.
John Missionary Baptist Church v. Flakes, 547 S.W.3d 311 (Tex. App.—Dallas
2018, pet. filed).
Supplemental briefs must be no longer than 2,500 words or 10 pages and filed within ten days of
the date of this order. See TEX. R. APP. P. 38.7.
/s/ DAVID J. SCHENCK
PRESIDING JUSTICE