Legal Opinion · Dissent

Levit v. Adams

Texas Court of Appeals, 1st District (Houston)

Decided October 22, 1992No. 01-91-00475-CVPublished

1DissentDuggan, Justice

I respectfully dissent. In the interest of justice, I would reverse and remand with orders to reinstate this case.

It was unchallenged that appellant’s case was dismissed through no fault of his own. In fact, the dismissal was the result of a series of errors on the part of the trial court. Specifically, the trial court (1) granted a motion by appellant’s first attorney to withdraw from the case, (2) failed to record the withdrawal, (3) failed to record the properly filed designation of appellant’s new counsel, (4) sent notice of. intention to dismiss for want of prosecution to the wrong…

2Cases cited6 opinions

  1. Peralta v. Heights Medical Center, Inc.Supreme Court of the United States · 1988
  2. General Electric Co. v. Falcon Ridge Apartments, Joint VentureTexas Supreme Court · 1991
  3. Clements v. BarnesTexas Supreme Court · 1992
  4. Charles L. Hardtke, Inc. v. Katz, Texas Court of Appeals, 1st District (Houston)1991
  5. Pope v. Moore, Texas Court of Appeals, 5th District (Dallas)1987

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