No jurisdictional interference, no mandamus

Originally published by David Coale.

Enterprise Fleet Management obtained a judgment against Brazos Rock, and then sued several other parties in Dallas County for fraudulent transfers related to payment of that judgment. In the meantime, a receiver was appointed in Parker County to manage Brazos Rock’s assets. The Dallas defendants lost their plea to the jurisdiction and sought a writ of mandamus to compel transfer to Parker County, where they lived. The Fifth Court rejected their argument, finding no showing of interference with Parker County’s jurisdiction (and thus, an injury that cannot be addressed by direct appeal). “These are two separate suits seeking diffferent relief from different parties. . . . A judgment on the  claims asserted in Dallas County will not interfere with the Parker County court’s ability to manage the receivership or render a judgment in the Parker County suit. Enterprise’s collection efforts may ultimately be impacted by the Parker County suit, but that does not deprive the Dallas County court of jurisdiction over Enterprise’s claims.” In re Ameri-Fab LLC, No. 05-17-01458-CV (Feb. 7, 2018) (mem. op.)

 

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