Hebert v. Shrake

COLEMAN, Justice.

This appeal arises from a judgment dismissing the appellant’s suit for want of prosecution. Appellant, as plaintiff below, sued appellee for cancellation of an instrument. The petition was filed on December 8, 1969 in the 80th District Court and ap-pellee filed a plea in abatement on the ground of “misnomer.” On November 12, 1970, the trial court sustained the plea and ordered appellant to “correct her pleadings herein by prosecuting her suit in her legal name or names by timely filing an amended petition herein.”

Over seventeen months later, the appel-lee filed a written…