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Adame v. State Farm Lloyds, 13-15-00357-CV (TexApp Dist 09/01/2016)

Appellant sued in Jim Wells County for breach of contract, violations of the Texas Insurance Code, the Texas Deceptive Trade Practices Act, and other common law causes of action related to a homeowner's insurance policy issued by appellee for a property located in Sandia, Texas. In her petition, appellant asserted that venue was proper because "all or a substantial part of the events giving rise to the lawsuit occurred in this county, and the insured property that is the basis of this lawsuit is located in Jim Wells County." Appellee filed a motion to transfer venue to Live Oak County on the grounds that it had learned that the property was actually situated in Live Oak County. The trial court granted the change of venue; the case was tried before a jury who rendered a take-nothing verdict for appellant's causes of action. On appeal, appellant contended that the Jim Wells County trial court erred in granting the motion to transfer venue. At the outset, the court of appeals held the trial court abused its discretion by implicitly finding appellee did not waive its right to challenge venue under Rule 86(1) as appellee failed to file the motion to transfer with its answer and plea in abatement. However, the court of appeals affirmed holding it was harmless error because venue was proper in Live Oak County and appellant amended her own live pleading to assert she was a resident of said county. Adame v. State Farm Lloyds, Corpus Christi-Edinburg Court of Appeals, Case No.: 13-15-00357-CV, 09/01/2016

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On appeal from the 343rd District Court of Live Oak County, Texas.

Before Chief Justice Valdez and Justices Rodriguez and Benavides Opinion by Justice Benavides

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