LEE v. GST TRANSPORT SYSTEM, LP

No. 05-08-00118-CV.

334 S.W.3d 16 (2008)

Thomas LEE, Helen Wilems, Individually and as Representative of the Estate of Felicia Marie Lee, Deceased, Hartford Casualty General Agency, Inc., Southern County Mutual Insurance Co., Copart of Houston, Inc., Copart of Texas, Inc., and Houston Copart Salvage Auto Auctions, LP, Appellants, v. GST TRANSPORT SYSTEM, LP, and Henry Daneford, Appellees.

Court of Appeals of Texas, Dallas.

October 1, 2008.


Attorney(s) appearing for the Case

Braden W. Sparks , Braden W. Sparks, P.C., Dallas, TX, for Appellant.

E. John Gorman , Ronald L. Bair , Bairhilty, PC, Houston, TX, for Appellee.

Before Justices MOSELEY, RICHTER, and FRANCIS.


OPINION

Opinion by Justice FRANCIS.

Two competing lawsuits arising out of a fatality collision were filed in district courts in Dallas and Madison counties. Both trial courts asserted dominant jurisdiction. This interlocutory appeal comes to us on an agreed order on a controlling question of law. See TEX. CIV. PRAC. & REM.CODE ANN. § 51.014(d) (Vernon 2008). The issue presented is: "Under the `relation-back' and/or the `first-filed' doctrine...

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