· 7/8/2004
Carlile v. RLS Legal Solutions, Inc.
Citations
- 138 S.W.3d 403
- 2004 WL 612803
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defendant 9 waived transfer motion by waiting “approximately fourteen months” to request a hearing and by filing summary judgment pleadings prior to the hearing
- noting that burden shifts to plaintiff to prove venue as alleged if defendant properly challenges plaintiff’s choice of venue
- noting that a delay of 14 months indicated a lack of diligence
- “A movant may urge a preliminary motion without waiving venue objections, provided the motion does not involve a hearing on the merits.”
- “A party 11 may . . . expressly waive venue rights by clear, overt acts evidencing an intent to waive, or impliedly, by taking some action inconsistent with an intent to pursue the venue motion.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Eva M. Guzman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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