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

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that the Nueces County district court was required to grant Wyatt's plea in abatement because a prior suit involving the same parties was pending, and remanded with instructions to vacate the judgment and abate the proceedings. Justice Gonzalez dissented, arguing that the dominant jurisdiction rule should not apply where necessary parties could not be joined, and Justice Kilgarlin concurred, expressing concern about venue fixing but agreeing with the judgment.