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Teco-Westinghouse Motor Co. v. Gonzalez8/31/2001
Opinion by Justice Yanez
This is an interlocutory, accelerated appeal under section 15.003 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 15.003 (Vernon Supp. 2001). Appellant, Teco-Westinghouse Motor Company ("TWMC" or "the company"), appeals from the trial court's order denying its motion to transfer venue. Appellees, Joel Gonzalez and Robert Pasciak, filed suit against TWMC, alleging retaliatory discharge in violation of the Texas Commission on Human Rights Act ("TCHRA") and intentional infliction of emotional distress. In two issues, appellant contends that the trial court: 1) erred in ruling that Pasciak established venue in Cameron County under section 15.003 of the civil practice and remedies code; and 2) abused its discretion in accepting appellees' response to the motion to transfer venue, which was filed the day before the venue hearing. We affirm.
Background
In 1996 or 1997, Gonzalez and Pasciak began working for TWMC at its Williamson County facility. Both were terminated in 1999, for reasons which are in dispute. Appellees contend they were discharged because Gonzalez, who was a supervisor, refused to lower his evaluations of two Hispanic employees; Pasciak supported Gonzalez's decision. The company contends they were terminated after the company discovered they were using company e-mail to send and/or receive inappropriate sexually graphic images and material.
Appellees filed suit in Cameron County, alleging retaliation in violation of the TCHRA and intentional infliction of emotional distress. Gonzalez also alleged that the company fraudulently induced him to accept employment in Williamson County. Gonzalez, a resident of Cameron County, alleges venue is proper in Cameron County because he received a telephone call in Cameron County from a TWMC representative, who offered him employment in Williamson County. Pasciak is a resident of Williamson County. He contends that venue is proper in Cameron County pursuant to section 15.003 of the civil practice and remedies code regarding multi-plaintiff lawsuits. See Tex. Civ. Prac. & Rem. Code § 15.003 (Vernon Supp. 2001). TWMC asserts that its only Texas facility is in Williamson County.
On December 29, 2000, TWMC filed a motion to transfer venue to Williamson County. After receiving Pasciak's discovery responses, TWMC filed an amended motion to transfer on April 18, 2001 and incorporated Pasciak's discovery responses. A hearing on TWMC's motion was set for April 26, 2001. The day before the hearing, on April 25th, appellees filed a response, with attached affidavits. In the response, Pasciak conceded that he cannot independently establish venue in Cameron County, but argued venue is proper there because he has established the four elements necessary for joinder set out in section 15.003(a) . See Tex. Civ. Prac. & Rem. Code § 15.003(a) (Vernon Supp. 2001). Following the hearing, the trial court denied the motion to transfer venue as to both appellees. This interlocutory appeal followed. Appellees do not challenge the trial court's ruling finding venue proper in Cameron County as to Gonzalez.
Standard of Review
The issue before us is whether Pasciak could properly join the lawsuit filed by Gonzalez in Cameron County. We review the propriety of a trial court's section 15.003 joinder decision by conducting an independent de novo review of the entire record. Tex. Civ. Prac. & Rem. Code § 15.003(c)(1) (Vernon Supp. 2001); Am. Home Prods. v. Clark, 38 S.W.3d 92, 99 (Tex. 2000); Surgitek, Bristol-Myers Squibb Co. v. Abel, 997 S.W.2d 598, 600 (Tex. 1999); Am. Home Prods. Corp. v. Bernal, 5 S.W.3d 344, 347 (Tex.
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