No standing, please

April 19, 2020

“'[A] plaintiff’s failure to have a valid [assumed name] certificate on file is not a jurisdictional issue but, rather, a capacity issue that is properly raised in a plea in abatement so that the cause may be suspended while the defect is corrected.’ By failing to file a verified plea in abatement prior to trial, appellees waived their complaint.” Pennington v. Cypress Aviation, No. 05-19-00345-CV (April 9, 2020) (mem. op.); cf. Malouf v. Sterquell PSF Settlement LC, No. 05-17-01343-CV (Nov. 7, 2019, pet. filed) (mem. op.) (finding no waiver when the plaintiffs’ “claimed status as a . . . partner was a primary focus of both sides’ arguments at trial”).