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Hopkins v. NCNB Texas National Bank
Citations: 822 S.W.2d 353; 1992 Tex. App. LEXIS 111; 1992 WL 4907Docket: 2-90-297-CV
Court: Court of Appeals of Texas; January 15, 1992; Texas; State Appellate Court
Appellants Michael J. Hopkins and Steven G. Shafer initiated a lawsuit to wind up twelve joint ventures where they were the sole venturers, seeking the appointment of a receiver and requiring creditors to file claims formally. NCNB Texas National Bank, a creditor with deed of trust notes secured by the joint ventures' properties, intervened, claiming a similar ongoing lawsuit in Dallas County related to the same parties and cause of action. Appellants sought to prevent NCNB from foreclosing on the properties. The trial court upheld NCNB's plea in abatement, leading to the appeal. The court found no error in the trial court’s decision not to file findings of fact and conclusions of law, reasoning that appellants were not injured by this omission. While agreeing that findings should have been produced, the court noted that without such findings, the appellants could not demonstrate an abuse of discretion regarding the plea in abatement. The court applied an abuse of discretion standard, referencing established legal precedents. Consequently, the appellate court affirmed the trial court's judgment. Appellants correctly demanded the trial judge to make findings of fact and conclusions of law; however, their first point was overruled as the record shows no harm from the trial court's refusal. The legal issue was straightforward with no substantial factual dispute, as NCNB's plea in abatement was based solely on the existence of another suit involving the same parties and subject matter. The evidence presented by NCNB primarily consisted of the exhibit proofs, with appellants failing to provide testimony or evidence. The trial court's dismissal order was upheld, as it properly exercised its discretion in sustaining NCNB's plea based on the interrelationship between the lawsuits. Appellants did not demonstrate any issues or parties that could not be joined in the initial suit. The argument that an inherent interrelationship requires a compulsory counterclaim was dismissed, emphasizing that abatement is grounded in broader principles of comity, convenience, and orderly procedure. The judgment of the trial court is affirmed.