Basic Energy Svcs. GP, LLC v. Gomez
In Basic Energy Svcs. GP, LLC v. Gomez, No. 04-10-00128-CV, 398 S.W.3d 734 (Tex. App.--San Antonio July 14, 2010, pet. denied), the trial court denied a defendant's motion to transfer but did not specify whether the denial was "because each of the plaintiffs independently established proper venue pursuant to Tex. Civ. Prac. & Rem. Code section 15.002 or because the plaintiffs met the joinder requirements pursuant to section 15.003."
On appeal, the San Antonio court reversed and remanded to the trial court for a revised order specifying the basis for the ruling, finding that "if section 15.002 is the basis for the trial court's ruling denying the motion to transfer venue, then we do not have jurisdiction over this appeal. . . . On the contrary, if section 15.003 is the basis for the trial court's ruling . . . , then we have jurisdiction to hear the interlocutory appeal."
The Court suggested that section 15.003(c) permits an interlocutory appeal only where a "plaintiff who was included by joinder or intervention cannot independently establish proper venue."