Legal Opinion

Pinckard v. Associated Popcorn Distributors, Inc.

Court of Appeals of Texas

Decided January 16, 1981No. 20480PublishedCited by 4 opinions

1Opinion of the Court

STEPHENS, Justice.

This case arises from a judgment of dismissal entered by the trial court pursuant to a plea in abatement. The principal question submitted is whether under the facts of this case, abatement is available. We conclude that it is not and, accordingly, reverse and remand.

On December 18, 1979, Tom C. Pinckard sued Associated Popcorn Distributors, Inc. in a county court at law on a sworn account alleging an unpaid obligation of $2,596.83. Associated Popcorn answered by plea in abatement alleging that on February 1, 1980, Associated Popcorn filed suit against Pinckard in a district…

2Cases cited2 opinions

  1. Kitchen Designs, Inc. v. WoodCourt of Appeals of Texas · 1979
  2. Nelms v. C. B. Delhomme, Inc.Court of Appeals of Texas · 1960

3Cited by4 opinions

  1. Martinez v. Corpus Christi Area Teachers Credit Union, Texas Court of Appeals, 13th District1988
  2. in Re: Thomas A. King, Texas Court of Appeals, 5th District (Dallas)2015
  3. Standard Fire Insurance Co. v. StiggerCourt of Appeals of Texas · 1982
  4. Gage v. Tom Fairey Co.Court of Appeals of Texas · 1985

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