Prudential Insurance Co. of America v. J.R. Franclen, Inc.

ON MOTION FOR REHEARING

This is an appeal from a summary judgment rendered in a suit for unlawful conversion. On June 5, 1980, Franclen, a foreign corporation unauthorized to do business in Texas, filed suit against Prudential and two other parties that are not before this court. Prudential filed a plea in abatement asserting that Franclen was unable to maintain its suit because it had not obtained a certificate of authority from the Secretary of State authorizing it to do busi ness in Texas. TEX.BUS.CORP.ACT ANN. art. 8.18(A) (Vernon 1980). After a hearing, the trial court signed an order…