American Home Products Corp. v. Clark

MEMORANDUM OPINION

REX D. DAVIS, Chief Justice.

Appellees filed suit in Johnson County against Appellants and others for injuries allegedly sustained as a result of Appel-lees’ use of a product combination commonly referred to as “phen-fen.” None of the appellees is a resident of Johnson County. Appellants filed a “Motion to Transfer Venue, Objection to Attempted Joinder, and Motion to Strike and/or Sever Plaintiffs” under sections 15.002 and 15.003 of the Civil Practice and Remedies Code. See Tex. Civ. PRAC. & Rem.Code Ann. §§ 15.002, 15.003 (Vernon Supp.1999). After receiving Appellees’ response to this motion and conducting a hearing, the court denied the motion without specifying the grounds for its decision.

Appellees questioned our jurisdiction to hear this interlocutory appeal purportedly brought under section 15.003(c) of the Civil Practice and Remedies Code. See Tex. Civ. PRAC. & Rem.Code Ann. § 15.003(c) (Vernon Supp.1999). Because the court’s original order did not specify whether the court denied Appellants’ motion because each appellee had established proper venue under section 15.002 or because each appellee was properly joined under section 15.003, we abated this cause and directed the court to prepare a revised order specifying the basis for its decision so we could answer Appellees’ jurisdictional challenge. See American Home Prods. Corp. v. Clark, 3 S.W.3d 57 (Tex.App.—Waco 1999, order).

The court signed its “Revised Order” on July 9. That order states in pertinent part:

*910Based upon the record, the pleadings and all evidence, the Court finds that venue as to all Defendants is appropriate under Tex. Civ. Prac. & Rem.Code §§ 15.002(a)(2) and 15.005.
As the Court finds that Plaintiffs, each of them, have established venue as to all defendants pursuant to Tex. Civ. Prac. & Rem.Code §§ 15.002(a)(2) and 15.005, the Court need not decide the issues presented by the motions, evidence, and argument concerning Tex. Civ. Prac. & Rem.Code § 15.003.

Section 15.003(c) permits an appeal only from a decision “allowing or denying ... joinder” in cases where a party is “unable to independently establish proper venue.” Tex Civ. Prac. & Rem.Code Ann. § 15.003(c). In this case, the court found that each plaintiff had independently established proper venue. The court also concluded that because venue was proper it did not need to consider the joinder issues raised under section 15.003. Because the court found that each plaintiff had independently established venue and because the court did not reach the joinder question, section 15.003(c) cannot be the jurisdictional basis for this appeal.

No interlocutory appeal is permitted from a determination that venue has been established under sections 15.002(a) and 15.005 of the Civil Practice and Remedies Code. Bristol-Myers Squibb Co. v. Goldston, 983 S.W.2d 369, 374 & n. 19 (Tex.App.—Fort Worth 1998, pet. dism’d by agr.); Tex. Civ. PRAC. & Rem.Code Ann. § 15.064(a) (Vernon 1986). Accordingly, we dismiss this appeal for want of jurisdiction.

Justice GRAY dissenting.