Legal Opinion

Bush v. Ward

Texas Court of Appeals, 9th District (Beaumont)

Decided February 25, 1988No. 09-87-151 CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

BURGESS, Justice.

This is an appeal arising from a dismissal of a medical malpractice case for want of prosecution and the subsequent denying of a motion to reinstate. Appellants urge several points of error concerning the underlying dismissal. We need not consider those since the procedure involved in the motion to reinstate was flawed.

TEX.R.CIV.P. 165a(3) deals with reinstatement. It states:

3.Reinstatement. A motion to reinstate shall set forth the grounds therefor and be verified by the movant or his attorney. It shall be filed with the clerk within 30 days after the order of…

2Cases cited5 opinions

  1. Calaway v. GardnerCourt of Appeals of Texas · 1975
  2. Jaynes v. LeeCourt of Appeals of Texas · 1957
  3. Estate of Bolton v. CoatsCourt of Appeals of Texas · 1980
  4. Willis v. BarronCourt of Appeals of Texas · 1980
  5. Hensley v. Amber Sky, Inc.Court of Appeals of Texas · 1981

3Cited by6 opinions

  1. Cabrera v. Cedarapids Inc.Court of Appeals of Texas · 1992
  2. Enriquez v. LivingstonCourt of Appeals of Texas · 2013
  3. Matheson v. American Carbonics, Texas Court of Appeals, 6th District (Texarkana)1993
  4. D & R Oil, L.L.C. v. Mohammad Salman, Obaid Ruddin, Sayed Shah, Stop N Drive, Texas Court of Appeals, 9th District (Beaumont)2006
  5. Juan Enriquez v. Brad Livingston, in His Official Capacity as the Executive Director of the Texas Department of Criminal Justice Rick Thaler John Rupert Brian Tucker And David Langston, Texas Court of Appeals, 3rd District (Austin)2013

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