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I've got a lawsuit filed against one of my friends and several of his associates. The lawsuit is improperly alleging that my friend is personally liable. Would it be best to file a plea of abatement to dismiss him as a defendant or simply file a motion to dismiss due to a defect of party?

Submitted: 278 days and 16 hours ago.

Category: Legal

Value: $15

Status: CLOSED

Fort Worth, Texas

Accepted Answer

Hello XXXXXXX and welcome to JustAnswer.

A plea in abatement is a plea by a defendant, so you cannot file such a plea for the purpose of dismissing your friend as a defendant. Such a plea is also one addressing the form, rather than the substance, of a plaintiff's claims. Therefore, if your friend is truly not personally liable, the best approach would be for you to simply file a motion to dismiss as to him only. That would get him out of the case and allow you to proceed against the other defendants.

Thanks for asking your question here on JustAnswer. If you have any other questions, please let me know.

Accepts:
Expert:	RunTam38 CA lawyer
Pos. Feedback:	99.4 %
Answered:	2/18/2009

Attorney

California lawyer 33 years, including criminal & business law, PI and general litigation.

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I've got a lawsuit filed against one of my friends and several of his associates. The lawsuit is improperly alleging that my friend is personally liable. Would it be best to file a plea of abatement to dismiss him as a defendant or simply file a motion to dismiss due to a defect of party?

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Fort Worth, Texas

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I've got a lawsuit filed against one of my friends and several of his associates. The lawsuit is improperly alleging that my friend is personally liable. Would it be best to file a plea of abatement to dismiss him as a defendant or simply file a motion to dismiss due to a defect of party?

Optional Information

Fort Worth, Texas

Accepted Answer

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