context: Finally, we believe that the trial court did not abuse its discretion in issuing the anti-suit injunction because allowing Golden Rule to proceed would deprive Harper of his choice of forum. It is a fundamental principal of Texas jurisprudence that a plaintiff should be allowed to choose his or her forum. Generally, when Texas appellate courts have struck down an anti-suit injunction, a declaratory judgment action was filed in Texas before another suit was filed in a sister state.
citation_a.signal: see
citation_a.identifier: 851 S.W.2d 338, 338
citation_a.parenthetical: declaratory action filed in Texas prior to suit in Montana
citation_a.sentence: See, e.g., Christensen, 719 S.W.2d at 162 (declaratory action filed in Texas prior to suit in California); Total Minatome, 851 S.W.2d at 338 (declaratory action filed in Texas prior to suit in Montana); see also Gannon, 706 S.W.2d at 305 (Payne sued and received judgment in Canadian suit; later, Payne brought a similar suit in Texas and then Gannon brought a declaratory judgment action in Canada; the supreme court dissolved the Texas trial court’s anti-suit injunction in part because the prior litigation occurred in Canada); Manufacturers Hanover, 819 S.W.2d at 609 (dissolving temporary injunction where Texas action asserting defensive claims of fraudulent inducement was filed prior to bank’s debt collection action in New York).
citation_b.signal: see also
citation_b.identifier: 819 S.W.2d 609, 609
citation_b.parenthetical: dissolving temporary injunction where Texas action asserting defensive claims of fraudulent inducement was filed prior to bank's debt collection action in New York
citation_b.sentence: See, e.g., Christensen, 719 S.W.2d at 162 (declaratory action filed in Texas prior to suit in California); Total Minatome, 851 S.W.2d at 338 (declaratory action filed in Texas prior to suit in Montana); see also Gannon, 706 S.W.2d at 305 (Payne sued and received judgment in Canadian suit; later, Payne brought a similar suit in Texas and then Gannon brought a declaratory judgment action in Canada; the supreme court dissolved the Texas trial court’s anti-suit injunction in part because the prior litigation occurred in Canada); Manufacturers Hanover, 819 S.W.2d at 609 (dissolving temporary injunction where Texas action asserting defensive claims of fraudulent inducement was filed prior to bank’s debt collection action in New York).