S.B. & T. Gem Imports, Inc. v. Creswell

OPINION

EVANS, Chief Justice.

This is an appeal from an order dismissing the plaintiff's action for want of prosecution. We reverse and remand.

The plaintiff has not filed a statement of facts. Neither does the record reflect that the trial court filed or was requested to file findings of fact and conclusions of law. However, the defendant has not filed a brief or otherwise challenged the factual statements contained in the plaintiffs brief. Thus, we accept the factual allegations set forth therein. Tex. R.Civ.P. 419.

The plaintiff instituted this action on December 29, 1978, to recover on two…