Typically, the first filed case will be the one that controls assuming the Texas court has jurisdiction and you are diligent about getting service of the petition on your husband. If you lived in Texas the 6 months prior and resided in Harris County (or whichever county you resided in) for the proceeding 90 days, then you will have met the jurisdictional requirements. If your husband files in Florida, he will have to meet the jurisdictional requirements for filing in Florida then get proper service. If that happens, you may have battling cases and will have to file a plea in abatement in the Florida action citing the first filed Texas action. It is best in these situations to hire counsel because of the complexity of the procedural rules. I would be happy to consult with you.
