Sellers v. Foster

OPINION

TERRIE LIVINGSTON, Justice.

This appeal is from the trial court’s order dismissing the underlying suit for want of prosecution. In seven issues, appellant Billy Wayne Sellers complains generally that the trial court abused its discretion by dismissing the case for want of prosecution and failing to reinstate it upon Sellers’s verified motion for reinstatement. Although we determine that the trial court abused its discretion by failing to reinstate the case because the evidence shows that Sellers did not have notice of the October 28, 2004 dismissal hearing, because we also determine…