Reinstatement of a Case
Hasson v. Belin, No. 13-05-00232-CV, 2007 WL 2388910 (Tex. App.—Corpus Christi Aug. 23, 2007, pet. denied) (mem. op.). (Sufficiency of Evidence)
When a plaintiff seeking to have his case reinstated does not present the appellate court with a reporter’s record, the appellate court cannot determine whether evidence was presented at a hearing or whether the evidence was sufficient to warrant reinstatement. Consequently, the trial court's dismissal will be affirmed on appeal.
Polk v. SW. Crossing Homeowners Ass’n, 165 S.W.3d 89 (Tex. App.—Houston [14th Dist.] 2005, pet. denied). (Motion to Reinstate; Abuse of Discretion)
When neither the order of dismissal nor the order denying reinstatement specifies the grounds on which they were based, appellant did not request findings of fact and conclusions of law, and the trial court did not make findings of fact and conclusions of law, the trial court’s decision will be upheld if any applicable theory of law has evidentiary support. While a trial court’s failure to provide notice that a case might be dismissed or an opportunity to be heard requires reversal, a subsequent hearing on the party’s motion to reinstate cures such an error as long as the trial court retains plenary jurisdiction. A trial court does not abuse its discretion by dismissing a case for lack of diligence in prosecution when the case was filed nearly five years before it was dismissed, the appellant never requested a trial setting, and the only excuse offered for the delay was that Appellant’s attorney forgot about the case after he moved from Houston to Alabama.
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