Counting Counties

In re Cedar Hill Hotel LLC clarifies the applicability of Section 15.0642 of the Texas Civil Practice and Remedies Code, which addresses mandamus petitions to enforce mandatory-venue provisions.

The Court emphasized that Section 15.0642’s deadlines are keyed to “the date the trial starts” or “notice of the trial setting,” but once a transfer order issues, any prior trial setting in the transferring court becomes a nullity and no trial will “start” there. Therefore: “Section 15.0642 of the Texas Civil Practice and Remedies Code does not apply when a party seeks a writ of mandamus to compel a respondent judge to vacate an order granting a motion to transfer venue and transferring an entire action to another county.”

In this action, because the relator sought mandamus after the 30-day plenary period, the proceeding was moot and the appellate court lacked jurisdiction. No. 05-24-01478-CV; Dec. 23, 2025