Caddell v. Gray

544 S.W.2d 481 (1976)

Virgil James CADDELL, Appellant,

v.

Sandra GRAY and Waymon Gray, Appellees.

No. 5660.

Court of Civil Appeals of Texas, Waco.

November 4, 1976.

Rehearing Denied December 16, 1976.

Clifford, Sims & Kidd, Lubbock, for appellant.

Smith & Smith, Lubbock, for appellees.

OPINION

McDONALD, Chief Justice.

This is an appeal by appellant (defendant) Caddell from an order of the trial court reinstating a case which it had theretofore dismissed for want of prosecution.

On September 30, 1975 the trial court in a blanket order reciting that proper notice having been given pursuant to Rule 165a…