No Interlocutory Appeal of Venue Rulings

Austin Court of Appeals dismisses attempted appeal from a trial court's order granting a motion to transfer venue. Interlocutory appeals of such orders not permitted.

Walker v. Livingston, No. (Tex.App.- Austin, Jul. 18, 2007) (Opinion by Justice Patterson)(venue ruling not reviewable in interlocutory appeal, DWOJ)(Before Justices Patterson, Pemberton and Waldrop)Freddie Lee Walker v. Brad Livingston et al.
Appeal from 250th District Court of Travis County

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT
NO. D-1-GN-07-000556, HONORABLE ORLINDA NARANJO, JUDGE PRESIDING

MEMORANDUM OPINION BY JUSTICE JAN PATTERSON

Appellant Freddie Lee Walker appeals from the trial court's order granting appellees' motion to transfer venue from Travis to Brazoria County. But this Court is without jurisdiction to consider an interlocutory appeal of an order transferring venue. See Tex. Civ. Prac. & Rem. Code Ann. §§ 15.064(a) (West 2002) ("The court shall determine venue questions from the pleadings and affidavits. No interlocutory appeal shall lie from the determination."), 51.014 (West Supp. 2006); Tex. R. Civ. P. 87(6) (regarding trial court's venue determination, "[t]here shall be no interlocutory appeal from such determination."); see also American Home Prods. Corp. v. Clark, 38 S.W.3d 92, 96 (Tex. 2000) ("Neither the court of appeals nor this Court can review the propriety of the trial court's venue decision."). Accordingly, we dismiss the appeal for want of jurisdiction.

Jan P. Patterson, Justice
Before Justices Patterson, Pemberton and Waldrop
Dismissed for Want of Jurisdiction
Filed: July 18, 2007