Svensen v. Svensen

I cannot agree that dismissal of a prematurely filed divorce suit is reversible error, or that such a suit must be reinstated when the residence requirement has been met. I conclude rather that in the absence of extraordinary circumstances the trial court has a measure of discretion which, in this case, has not been shown to have been abused.

Ordinarily, if a plea in abatement can be promptly cured by an amendment, as by adding a necessary party, the suit should not be dismissed without allowing the plaintiff a reasonable time to cure the defect. Luloc OH Co. v. Caldwell County, 601 S.W.2d 789…