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

Summary

The Texas Supreme Court held that when a plaintiff files a DTPA action without giving the required notice, the defendant must timely request an abatement; failure to do so waives the notice defense and the trial court's judgment is affirmed. The Court also clarified that the proper remedy for non‑compliance, when the defendant does request abatement, is a 60‑day abatement rather than dismissal. Concurring justices noted procedural timing concerns but agreed with the judgment.