Sharon Ann Abor, Relators v. the Honorable William C. Black, Judge, Respondents

Summary

The Texas Supreme Court denied the petition for mandamus filed by Sharon Abor, holding that the trial court's denial of her plea in abatement was not a clear abuse of discretion and that mandamus relief was unavailable absent a conflict of jurisdiction. The Court affirmed that while the Declaratory Judgment Act permits jurisdiction over a non‑liability claim by a potential defendant, the trial court should decline to exercise that jurisdiction because it deprives the plaintiff of the right to choose the time and place of suit. Justice Robertson dissented, arguing that the trial court abused its discretion and that mandamus should be granted.