Chapter 14-2 Another Suit Pending Between Same Parties for Same Claim

• Jurisdiction: United States

14-2 Another Suit Pending Between Same Parties for Same Claim

Rule 93 requires verification by affidavit of a plea that "there is another suit pending in this State between the same parties involving the same claim."¹⁰ A party's failure to verify a pleading required to be verified generally waives any complaint on appeal.¹¹ Pendency of a prior suit between the same parties involving the same subject matter must be raised by plea in abatement or the objection is waived.¹² Rule 93 requires that the plea in abatement be verified.¹³

A pleading alleging the following matters regarding pending suits must be verified:

Pending suit between the same parties; and

Involving the same claim.

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Notes:

^[10] Tex. R. Civ. P. 93(3); S. Cty. Mut. Ins. Co. v. Ochoa, 19 S.W.3d 452, 461 (Tex. App.—Corpus Christi 2000).

^[11] Southern Cty. Mut. Ins. Co. v. Ochoa, 19 S.W.3d 452, 461 (Tex. App.—Corpus Christi 2000, no writ).

^[12] Day v. State, 489 S.W.2d 368, 371 (Tex. App.—Austin 1972, writ ref'd n.r.e.).

^[13] Day v. State, 489 S.W.2d 368, 371 (Tex. App.—Austin 1972, writ ref'd n.r.e.).