Beavers v. Beavers

ON MOTIONS FOR REHEARING

HALL, Justice.

In appellee’s motion for rehearing, our order abating this cause after remand has been treated as an order dealing with trial court jurisdiction or venue. It is neither. On the other hand, in his motion for dismissal on rehearing, appellant treats his plea in abatement on residency qualifications as a plea to the jurisdiction or plea in bar to the mere filing of the suit and states that the proper order is an order dismissing rather than an order abating. We disagree.

Family Code § 3.21 simply prohibits the petitioner in a divorce action from proceeding to…