(Download) "Oscar S. Wyatt v. Shaw Plumbing Company" by Fifth District, Dallas Court of Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Oscar S. Wyatt v. Shaw Plumbing Company
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 26, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This case arises out of a dispute over the services provided by a plumbing contractor in the construction of a house in Duval County. The issue presented by this appeal involves a plea in abatement filed in a second suit in Nueces County when a prior suit was pending in Duval County. The court of appeals affirmed the Nueces County district court, holding that the decision to grant a plea in abatement was within the discretion of the Nueces County court and there was no abuse of that discretion. 736 S.W.2d 763. We hold that the Nueces County district court was required to grant the plea in abatement because a previously filed suit between the parties was pending. We, therefore, reverse the judgment of the court of appeals and remand the cause to the Nueces County district court with instructions to vacate its judgment and abate all proceedings pending final disposition of the Duval County lawsuit, which was previously filed.
 "Oscar S. Wyatt v. Shaw Plumbing Company" by Fifth District, Dallas Court of Appeals of Texas * Book PDF Kindle ePub Free){kind=link}