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PARDUE v. CONFEDERATE AIR FORCE

No. 20683.

615 S.W.2d 233 (1980)

Howard E. PARDUE and Jimmie R. McMillan, Appellants, v. CONFEDERATE AIR FORCE and Malcolm D. Russell, Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 24, 1981.

Attorney(s) appearing for the Case

G. David Ringer, Lane, Savage, Counts & Winn, Dallas, for appellants.

Richard Elliott, Dallas, for appellees.

Before CARVER, STOREY and STEPHENS, JJ.

STEPHENS, Justice.

This is a venue case. The question presented is whether the filing and hearing of a motion to vacate a default judgment precludes a defendant's right to subsequently urge a plea of privilege to be sued in the county of his residence. The trial court held it did not, and we affirm.

Howard E. Pardue and Jimmie R. McMillan sued Confederate Air Force, a Texas nonprofit corporation, and Malcolm D. Russell for damages. Defendants failed to timely...

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