Gilbert v. Huber, Hunt & Nichols, Inc.

OPINION

Plaintiff appeals from the trial court’s refusal to reinstate this case after it had been dismissed for want of prosecution. The case was dismissed February 19, 1982, after a hearing in which plaintiff and defendants participated in the hearing on the motion to dismiss. No record was made of the proceedings. Plaintiff filed a motion to reinstate the case on March 16, 1982. This motion was denied following a hearing held on April 30,1982. A cash deposit in lieu of an appeal bond was filed on May 17, 1982.

Rule 165a, TEX.R.CIV.P. (Vernon 1979 and Supp.1982-1983) governs dismissals for…