Oldcastle BE Dismisses Suit Against Staley in One County to File in Different County
October 14, 2011

By Sahely Mukerji, smukerji@glass.com

On October 10, the District Court of Kaufman County received a Notice of Nonsuit Without Prejudice from Oldcastle BuildingEnvelope, headquartered in Santa Monica, Calif., against defendant Jon Todd Staley, and dismissed the case.

Staley filed a Motion to Transfer Venue stating that he lives in Rockwall County, not Kaufman County. Oldcastle's notice states that Staley lives approximately 1.34 miles from the Kaufman county border in Rockwall County.

The notice states, "Notwithstanding Plaintiff's inadvertent mistake as to Defendant's residence, venue is still proper in Kaufman County under TEX. CIV. PRAC. & REM. CODE 15.002(a)(1), as, on information and belief, Kaufman County is the county in which all or substantial part of the events or omissions giving rise to the claim occurred. Nevertheless, in an effort to move to the substance of dispute as quickly as possible, and to avoid needless delay and argument on ancillary issues, Oldcastle files this Notice of Nonsuit Without Prejudice so that it may re-file in an indisputably proper venue."

David Bell of the Law Offices of David Bell, P.C., in Dallas, filed the Motion for Transfer for Staley.

Need more info and analysis about the issues?
CLICK HERE to subscribe to USGlass magazine.