If a Texas court overrules a plea in abatement in a divorce case, the case will continue in the current court. However, if the second court (the court that overruled the plea) actively interferes with the jurisdiction of the court with dominant jurisdiction, you may challenge this decision through mandamus relief. Mandamus is a legal process where a higher court is asked to compel the lower court to follow the law properly.
The Texas Supreme Court has held that when a second court refuses to sustain a proper plea in abatement, mandamus relief is often available, particularly if the court’s actions interfere with the prior court’s proceedings. However, mandamus is generally not available for merely contesting the denial of a plea in abatement unless there is an active conflict between the two courts.
Understanding the implications of an overruled plea in abatement is crucial. If your plea is denied, consulting with an attorney about the possibility of pursuing mandamus relief may be a necessary next step to protect your legal rights.