in Re Eric Houghton
09-17-00348-CV
| Tex. App. | Oct 19, 2017Background
- Eric and Melissa divorced in Jefferson County in 2014; the decree gave Melissa the exclusive right to determine R.H.’s residence within Tennessee.
- Melissa and the child moved to Tennessee in 2015.
- Eric filed a petition to modify and to transfer venue to Anderson County, Texas, in June 2017; Melissa filed competing proceedings in Tennessee and later habeas petitions in both Anderson County and Jefferson County.
- The parties entered a Rule 11 agreement in Anderson County providing R.H. would remain temporarily with Eric and that the Anderson and Rutherford (Tenn.) courts would coordinate temporary protections; Tennessee later yielded to Anderson County.
- While a habeas petition was actively pending in Anderson County, Melissa filed a habeas petition in the 317th District Court (Jefferson County), which thereafter issued a writ of attachment and ordered Eric to return R.H.; Eric sought relief from the Anderson County court and filed a nonsuit in Jefferson County.
- The court of appeals concluded the Jefferson court abused its discretion by granting habeas relief while the Anderson County habeas was pending; it denied relief on the transfer request because Eric had nonsuited his modification claims and the trial court had a ministerial duty to grant that nonsuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Jefferson court could grant habeas while an Anderson County habeas was pending (dominant jurisdiction). | Eric: Jefferson abused its discretion because Melissa first filed habeas in Anderson County, which acquired dominant jurisdiction. | Melissa: Jefferson could decide the habeas petition she filed there. | Court: Jefferson abused its discretion; the court where habeas was first filed (Anderson) had dominant jurisdiction. |
| Whether the 317th District Court should have transferred the modification/motion to modify to Anderson County after Eric moved to transfer. | Eric: Trial court should transfer to Anderson County. | Melissa: Opposed transfer; contested jurisdiction. | Court: Transfer relief denied — Eric filed a nonsuit; trial court had a ministerial duty to grant nonsuit and thus did not abuse discretion in not transferring. |
Key Cases Cited
- In re J.B. Hunt Transp., Inc., 492 S.W.3d 287 (Tex. 2016) (first-filed suit acquires dominant jurisdiction)
- In re Greater Houston Orthopaedic Specialists, Inc., 295 S.W.3d 323 (Tex. 2009) (trial court must grant a proper nonsuit as a ministerial duty)
- Greenberg v. Brookshire, 640 S.W.2d 870 (Tex. 1982) (nonsuit principles and trial court obligations)
- Curtis v. Gibbs, 511 S.W.2d 263 (Tex. 1974) (general common-law rule on dominant jurisdiction of first-filed suit)