Dutch Hines, Petitioner v. C.w. Hash, Jr., Respondent

Summary

The Texas Supreme Court reversed the Court of Appeals and affirmed the trial court's judgment, holding that a plaintiff's failure to give the required DTPA notice does not require reversal when the defendant does not timely request abatement, thereby waiving the notice defense. The Court also noted that the notice requirement is mandatory but its breach warrants abatement, not dismissal, only if the defendant timely seeks it. Justice Doggett, Justice Gammage, and a per curiam justice filed concurring opinions criticizing the timeliness of the decision.