law-MTV-for-convenience unappealable


In their first issue, appellants argue the Hidalgo county trial court erred in granting the motion to transfer
venue.  Our record does not contain the motion to transfer venue or the response, but we take as true
statements of fact in briefs unless the opposing party contradicts them.  See Tex. R. App. P. 38.1(g).  The
parties agree that appellees requested a venue transfer, among other grounds, on the basis of
convenience.  See Tex. Civ. Prac. & Rem. Code Ann. §  15.002(b) (Vernon 2002) (authorizing a court to
transfer venue “[f]or the convenience of the parties and witnesses and in the interest of justice").  A trial
court's decision to grant or deny a transfer based on convenience “is not grounds for appeal" and “is not
reversible error."  Id. § 15.002(c).  The trial court's order did not specify the basis for granting the venue
transfer.  Thus, the trial court could have granted the motion based on convenience, and the statute
precludes reversal of any ruling made on convenience grounds.  The Texas Supreme Court confronted the
exact situation of a trial court not specifying the basis for its venue transfer when one of the grounds moved
upon was convenience, and the court held that an appellate court must affirm any such order.  See Garza
v. Garcia, 137 S.W.3d 36, 37, 40-41 (Tex. 2004); accord Trend Offset Printing Servs., Inc. v. Collin County
Cmty. Coll. Dist., 249 S.W.3d 429, 429 (Tex. 2008).  Accordingly, we overrule appellants' first issue.
Garza v. Reed (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)(Hudson) (DTPA claim against insurer of
complained-of business fails on summary judgment; misrepresentation as to insurance coverage of buy-
back guarantee)(
no-evidence summary judgment affirmed)    
AFFIRMED: Opinion by
Justice Hudson     
Before Chief Justice Hedges, Justices Hudson and Frost   
14-08-00211-CV Joe M Garza, Pay Phone Owners Legal Fund, and Ernest R. Bustos v. Jack P. Reed and
Houston Surplus Lines, Inc.    
Appeal from 434th Judicial District Court of Fort Bend County