Tuesday, August 8, 2017

A plague on both your venues . .

Originally published by David Coale.

plagueIn a construction dispute about work performed in Johnson County, Plainitff Brown said venue was proper in Dallas County because Defendant Ken-Do had a principal office there. Ken-Do argued that venue was proper in Ellis County.

  • The Fifth Court rejected Brown’s argument, finding that his only probative evidence related to Ken-Do’s post office box in Dallas, which “at most, . . . showed someone on behalf of Ken-Do retrieved its mail in Dallas County, not that a decision maker did so.”
  • But the Court also rejected Ken-Do’s position, which relied on its registered office in Ellis County: “A registered office is nothing more thatn the location an entity has designated where it can be served with legal process. It does not show the principal decisionmakers of the entity conducted its daily affairs from that location.”

Accordingly, the Court reversed the final judgment below, and remanded “to conduct further proceedings on the issue of venue.” Ken-Do Contracting, LP v. F.A. Brown’s Construction, LLC, No. 05-16-00373-CV (Aug. 7, 2017) (mem. op.)


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