Rowland v. Prappas

This is an appeal from a summary judgment. Appellant contends that the trial court erred in overruling a plea in abatement based on the pendency of a prior suit involving the same cause of action. The judgment of the County Court is affirmed.

Appellee filed this suit in a County Court at Law in Harris County on April 11, 1972, seeking judgment on a promissory note for the balance due, interest and attorney fees. Appellant’s answer included a plea in abatement asserting that the case should be dismissed for want of jurisdiction, or, in the alternative, abated pending the disposition of a prior…