McALISTER v. McALISTER

No. 04-00-00604-CV.

75 S.W.3d 481 (2002)

Elizabeth Healy McALISTER, Appellant, v. Kyle Stephen McALISTER, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled March 21, 2002.


Attorney(s) appearing for the Case

James D. Stewart, James D. Stewart & Associates, Inc., Robinson C. Ramsey, Soules & Wallace, P.C., San Antonio, for appellant.

Kenneth D. Brazle, Brazle & Pfeuffer, L.L.P., Frank B. Suhr, New Branunfels, for appellee.

Sitting: ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, and KAREN ANGELINI, Justice.


Opinion by ALMA L. LÓPEZ, Justice.

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...

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