COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-065-CV
IN RE SEVEN ENERGY, LLC,
WEATHERFORD INTERNATIONAL, LTD.,
AND WEATHERFORD INTERNATIONAL, INC. RELATORS
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ORIGINAL PROCEEDING
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MEMORANDUM OPINION 1
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The court has considered relators’ petition for writ of mandamus and is
of the opinion that relief should be denied because relators failed to meet their
burden of establishing that real party in interest’s action meets the requirements
of Texas Civil Practice and Remedies Code section 15.011 and that venue is
proper in Houston County. T EX. C IV. P RAC. & R EM. C ODE A NN. § 15.011 (Vernon
2002) (providing that “[a]ctions for recovery of real property or an estate or
interest in real property . . . shall be brought in the county in which all or a part
of the property is located”); see In re Applied Chem. Magnesias Corp., 206
S.W.3d 114, 115, 119 (Tex. 2006) (holding that mandatory venue existed
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… See T EX. R. A PP. P. 47.4.
under section 15.011 because the plaintiff “us[ed] the declaratory judgment
mechanism as an indirect means of quieting title”); Smith v. Hall, 147 Tex.
634, 637–38, 219 S.W.2d 441, 443–44 (1949) (holding that a suit for specific
performance of a contract regarding royalty rights did not fall within the
mandatory venue provision of section 15.011’s predecessor); Karen Corp. v.
Burlington N. & Santa Fe Ry. Co., 107 S.W.3d 118, 127–28 (Tex. App.—Fort
Worth 2003, pet. denied) (holding that section 15.011 did not apply where suit
did not “affect[] the ownership or title to a tract of land” but was rather a
contract dispute); see also Cartwright v. Cologne Prod. Co., 182 S.W.3d 438,
448 (Tex. App.—Corpus Christi 2006, pet. denied) (stating that to show that
venue is mandatory under section 15.011, venue proponent must prove that
the realty at issue is located in the county where venue allegedly lies).
Accordingly, we deny relators’ petition for writ of mandamus and vacate
the stay order of February 27, 2008. Relators shall pay all costs of this original
proceeding, for which let execution issue.
PER CURIAM
PANEL A: CAYCE, C.J.; DAUPHINOT and MCCOY, JJ.
DELIVERED: March 24, 2008
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