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McAlister v. McAlister

The first court in which a suit is filed has dominant jurisdiction over other courts of equal stature.

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REVERSED AND DISMISSED

Elizabeth Healy McAlister (“Liz”) appeals the trial court’s order denying her plea in abatement based on dominant jurisdiction and the subsequent divorce decree entered by the trial court. Kyle Stephen McAlister (“Kyle”) has filed a motion to dismiss the appeal as moot based on the acceptance of benefits doctrine. Kyle’s motion to dismiss the appeal is denied. Because we conclude that the trial court abused its discretion in denying Liz’s plea in abatement, we reverse the trial court’s judgment and dismiss the underlying lawsuit. We do not address the remaining issues with regard to the divorce decree because they are not necessary to the final disposition of this appeal. See Tex. R. App. P. 47.1.

Motion to Dismiss

 
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