Perry Brown v. Gulf Television Company

Summary

The Texas Supreme Court affirmed the Galveston Court's decision sustaining the plea of privilege, holding that when a plaintiff's primary relief sought is a mandatory injunction, venue is governed by Article 4656 rather than Article 1995, Section 14. The Court also held that the plaintiff's alternative claim for damages does not bring the suit within Section 14. Justice Smith dissented, arguing that Subdivision 14 of Article 1995 should control and that venue belongs in Brazoria County.