Estate of Howley by Through Howley v. Haberman

This original mandamus proceeding arises out of a lawsuit by Rose Mary Guzman against Olga Howley, in which Guzman alleged that she was walking across a street when she was struck by a car driven by Howley. Howley is now deceased, and the administrator of her estate is the relator in this proceeding.

The trial court dismissed the underlying lawsuit for want of prosecution. More than 90 days later, Guzman filed a motion to reinstate, alleging that she had learned of the dismissal only two weeks earlier. The trial court granted Guzman’s motion the day it was filed. Howley then moved for summary…