Layell v. Baker

PARKER, Judge.

The parties agree that the validity of the court's order denying defendant’s motion in abatement in Case No. 79CVS97 is dependent upon the validity of the court’s ruling dismissing defendant’s counterclaim in Case No. 77CVS27. If the court was correct in dismissing defendant’s counterclaim in the earlier case, then there was no prior action pending and defendant’s plea in abatement in the later case fails. On the other hand, if the court was in error in dismissing defendant’s counterclaim in the earlier case, then there was a prior action pending between the same parties…