Seth v. Meyer

OPINION

KELTNER, Justice.

This is an appeal from an order of dismissal which resulted from one of the defendant’s plea in abatement.

Gary and Jean Seth sued Matthew Meyer, Gary Garrett and Gar-Don-Mey, Inc., all doing business as Artcraft Properties, pursuant to the Texas Deceptive Trade Practices Act, for actions rising out of those defendants’ construction of an additional room to the Seths’ house. 1

Meyer filed a plea in abatement alleging that he was not personally liable to the plaintiffs, stating that their, “true cause of action” was against Gar-Don-Mey, Inc. At the plea in abatement…