Martin V. Dosohs I
Texas Court of Appeals
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On August 26, 1998, Glen A. Martin and Dorothy F. Martin (the Martins) filed a suit for declaratory judgment requesting that the trial court interpret their rights regarding easements and a water well under a previous property partition order entered by another court on December 14, 1995. Dosohs I, Ltd., Inc. (Dosohs), responded by filing a plea in abatement alleging that the suit was an impermissible collateral attack on the previous partition order. Dosohs requested that the court sustain the plea in abatement and dismiss the suit. In its order granting Dosohs' plea in abatement, the trial court stated that Dosohs' plea in abatement "should be in all things granted." The Martins appeal the trial court's order.