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ABOR v. BLACK

No. C-4047.

695 S.W.2d 564 (1985)

Sharon Ann ABOR et al., Relators, v. The Honorable William C. BLACK, Judge et al., Respondents.

Supreme Court of Texas.

Rehearing Denied September 16, 1985.

Attorney(s) appearing for the Case

Kidd, Whitehurst and Harkness, William O. Whitehurst, Austin, for relators.

Bowmer, Courtney, Burleson, Pemberton and Normand, Bob Burleson, Temple, Mehaffey, Weber, Keith and Gonsoulin, O.J. Weber, Beaumont, Roark and Fernandez, David Fernandez, Temple, for respondents.

SPEARS, Justice.

The question presented is whether a potential defendant in a negligence action can choose the time and forum for trial by beating the potential plaintiff to the courthouse and filing suit seeking a declaration of non-liability under Tex.Rev.Civ.Stat.Ann. art. 2524-1 (Vernon 1965). Sharon Abor seeks mandamus relief to compel the Bell County District Court to abate a declaratory judgment action and defer to the Harris County District Court in which...

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