Surgitek, Bristol-Myers Corporation, and Medical Engineering Corporation, Petitioners v. Lorraine Abel…

Summary

The Texas Supreme Court held that the Court of Appeals had jurisdiction to hear the interlocutory appeal under §15.003(c), that trial courts may consider evidence beyond pleadings and affidavits in a §15.003(a) joinder determination, that appellate review of such determinations is de novo, that plaintiffs bear the burden of prima facie proof of the four joinder elements and must show an indispensable "essential need" which they failed to do, and therefore reversed the appellate judgment and reinstated the trial court's venue transfer order.