Laird v. Jobes

OPINION

KLINGEMAN, Justice.

This is an appeal from a judgment of the District Court of Kimble County, Texas, denying appellant’s motion to reinstate the case following a dismissal for want of prosecution by the court. The trial court, after a hearing on the motion, declared that Rule 165a, Texas Rules of Civil Procedure, would not authorize reinstatement of the case.

Appellant, the defendant below, asserts two points of error. First, the trial court erred in failing to allow appellant to reinstate the cause of action after it had been dismissed for want of prosecution, even though appellant had…