The court suspended proceedings in a case instead of dismissing it after granting a plea in abatement, though when the basis is lack of subject matter jurisdiction the court must dismiss without prejudice rather than suspend the action.
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Courts Obligation
The court suspended proceedings in a case instead of dismissing it after granting a plea in abatement, though when the basis is lack of subject matter jurisdiction the court must dismiss without prejudice rather than suspend the action.
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[14,15] However, instead of dismissing the case, the court suspended
the proceedings. Generally, a court has discretion whether to dismiss a
case after it grants a plea in abatement, thereby precluding further prosecution of the action, or to not dismiss the action and suspend the proceedings pending the outcome of the other case. Kinsey v. Colfer, Lyons, supra. When, however, the basis for the plea in abatement is the court's lack of subject matter jurisdiction, the court is obligated to dismiss without prejudice, rather than to suspend the action. Thus, the district court should have dismissed the action for lack of subject matter jurisdiction.