OPINION
PER CURIAM.
Appellees, Robert S. Waldman, and other investors, sued appellants, Capital Income Properties-LXXX, and other parties (collectively Capital), for fraud, breach of fiduciary duty, negligent misrepresentation, and violations of the Texas Deceptive Trade Practices-Consumer Protection Act (the DTPA). After appellees filed suit, Capital filed its "DEFENDANTS' CONSOLIDAED MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO ABATE THE PROCEEDINGS
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