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Panel considers Rule 12(b)(9) dismissal, venue and consolidation in Woodlands HOA dispute
Appeals Court Oral Arguments · February 10, 2026
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Summary
The panel weighed whether a superior-court action naming condominium trusts and later amended to add unit owners created a 'prior pending action' warranting dismissal under Rule 12(b)(9), and discussed transfer and consolidation as alternatives to a prejudicial dismissal.
Counsel for the declarant in a land-court dispute argued that dismissal with prejudice under Rule 12(b)(9) was improper because the earlier superior-court action did not name the identical parties and therefore was not a prior pending action. The declarant's…
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