Texas — Pennington v. Cypress Aviation, LLC, No. 05-19-00345, decided April 19, 2020. Although a Texas corporation that failed to file a certificate of assumed name lacked capacity to sue, the defendant waived the right to claim the failure to file as a defense by failing to file a plea in abatement or obtain a ruling regarding the corporation’s lack of capacity prior to trial. The court also ruled the trial court erred in concluding the corporation lacked standing to sue rather than lacking capacity to sue.
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