Perry Brown v. Gulf Television Company

Summary

The Texas Supreme Court affirmed the Galveston Court of Civil Appeals, holding that when a plaintiff’s primary relief sought is a mandatory injunction, venue is governed by Article 4656 rather than Article 1995 §14. The Court also held that an alternative claim for damages does not change the venue analysis. Justice Smith dissented, arguing that Subdivision 14 of Article 1995 is mandatory and controls venue, and that the case should be remanded to Brazoria County.