Oscar S. Wyatt, Jr., Petitioner v. Shaw Plumbing Company, Respondent

Summary

The Texas Supreme Court held that the Nueces County district court was required to grant Wyatt's plea in abatement because a prior suit between the parties was pending, reversing the Court of Appeals and remanding with instructions to vacate the judgment and abate the proceedings. Justice Gonzalez dissented, arguing that an exception to the dominant‑jurisdiction rule applied, while Justice Kilgarlin concurred, noting concerns about venue fixing via DTPA notice.