Gregorio Pimentel v. Maverick Maintenance & Supply, LLC, Shon Looker, LLC, and Shon Looker, Individually

Summary

The Fourth Court of Appeals of San Antonio held that venue was proper in Harris County because Maverick Maintenance & Supply, LLC maintained its principal office there. The court concluded that the defendants improperly relied on unresolved workers’ compensation and liability defenses to obtain transfer to Karnes County, reversed the trial court’s judgment, vacated the transferee court’s rulings, and remanded with instructions to return the case to Harris County.

Holdings

1. Venue was proper in Harris County because Pimentel pleaded and proved that Maverick maintained its principal office there, establishing a statutory venue basis under Texas Civil Practice and Remedies Code section 15.002(a)(3). Once venue was proper as to Maverick, it was proper as to the other defendants for claims arising from the same transaction or occurrence.
2. A venue determination may not be based on adjudication of an affirmative defense or other merits issue. Workers' compensation exclusivity and related factual questions could not be resolved through the venue proceeding.
3. A later merits determination establishing the absence of liability does not retroactively validate an erroneous transfer of venue or supply authority that the transferring court lacked when it ordered the transfer.
4. When venue was proper in the original county and the case was erroneously transferred, the appellate court must reverse the venue ruling, vacate the transferee court's orders, and remand with instructions to return the case to the proper county.

Questions Presented

1. Whether Harris County was a proper venue based on Maverick Maintenance & Supply, LLC's undisputed principal office in Harris County.
2. Whether a venue motion may be resolved by adjudicating affirmative defenses, including workers' compensation exclusivity, course and scope of employment, coverage, property ownership, and control.
3. Whether the Karnes County transferee court had authority to enter summary judgment and other dispositive orders after the erroneous transfer.
4. What remedy is required when an appellate court determines that venue was improper in the transferee county.

Disposition

reversed_and_remanded