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IN RE CITY OF DALLAS

No. 2-98-207-CV.

977 S.W.2d 798 (1998)

In re the CITY OF DALLAS, Texas.

Court of Appeals of Texas, Fort Worth.

August 25, 1998.

Attorney(s) appearing for the Case

Sam A. Lindsay, Linda Lawson Gaither, Carrington, Coleman, Sloman, and Blumenthal, L.L.P., James E. Coleman, Jr., Elizabeth D. Whitaker, Lyndon F. Bittle, Amy K. Hunt, Dallas, for Relator.

Kelly, Hart & Hallman, P.C., Dee J. Kelly, Marshall M. Searcy, Brian S. Stagner, Fort Worth, for Real Party In Interest, City of Fort Worth.

Randall W. Wilson, Thomas W. Paterson, Houston, Lawrence Vincent, Jr., Dallas, for Real Party In Interest, Continental Airlines, Inc. and Continental Express, Inc.

Harris, Finley & Bogle, P.C., Bill F. Bogle, Russell R. Barton, Fort Worth, Locke, Purnell, Rain, Harrell, P.C., Morris Harrell, Michael V. Powell, Cynthia Keely Timms, Elizabeth E. Mack, Dallas, for Real Party In Interest, American Airlines, Inc.

Before CAYCE, C.J., and DAUPHINOT and BRIGHAM, JJ.

OPINION

CAYCE, Chief Justice.

The question presented in this mandamus proceeding is whether the trial court abused its discretion in denying the City of Dallas's motion to transfer venue to Dallas County under the mandatory venue provision of section 65.023(a) of the Texas Civil Practice and Remedies Code. Specifically, we have been asked to decide whether the primary relief sought in the underlying suit filed by the City of Fort Worth is the issuance of...

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