Friday, October 23, 2015

Gun Deal Gone Bad

Originally published by Richard Smith.

An opinion denying mandamus relief features one of the more awesome opening sentences in recent history:

“This case involves a gun in exchange for the design of a website deal gone badly.”

Who could have foreseen this becoming problematic? In any event, Thoroughbred Rifles, LLC failed to deliver the rifle promised for the design of its website, so Thomas King filed suit in a Harris County justice court for damages of less than $10,000. Thoroughbred subsequently filed suit in Collin county for damages between $100,000 and $200,000. The district court denied King’s plea in abatement and motion to transfer to Houston, and the Court of Appeals denied King’s mandamus petition. Because Thoroughbred’s damages exceeded the jurisdiction of the Harris County justice court, that court could not acquire dominant jurisdiction over them, making transfer of the claims impossible.

Good on Justice Schenck for the epic opening.

In re King, No. 05-15-01035-CV

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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