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DONIE STATE BANK v. KNIGHT

No. 20706.

620 S.W.2d 698 (1981)

DONIE STATE BANK, Appellant, v. Betty J. KNIGHT and Wilbur J. Knight, Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 8, 1981.

Attorney(s) appearing for the Case

Stewart R. Miller, Smith, Crooks, Miller & Boomer, Dallas, for appellant.

W. A. Keils, Jr., Teague, for appellees.

Before ROBERTSON, STOREY and STEPHENS, JJ.

STEPHENS, Justice.

This venue case presents two questions for our review. First, did the defendants waive their right to be sued in the county of their residence by participating in a hearing on severance prior to the hearing on the plea of privilege? Second, was defendant bank's plea of privilege fatally defective under Tex.R.Civ.P. 86? We answer both questions in the negative and reverse.

Plaintiff, Betty J. Knight, first sued Arrow Trucking Company and...

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