Legal Opinion

Franklin v. Sherman Independent School District

Texas Court of Appeals, 5th District (Dallas)

Decided April 16, 2001No. 05-00-00484-CVPublishedCited by 89 opinions

1Opinion of the Court

OPINION

2Per curiam

Each of these appeals challenges the trial court’s dismissal of the case for want of prosecution without providing notice of or conducting a hearing prior to dismissal. Appellants have filed nearly identical briefs in each case. As asserted in each case, appellants (plaintiffs below) argue in two points of error that the trial court violated rule 165a of the Texas Rules of Civil Procedure by dismissing the cases without first providing notice of and conducting a hearing and further erred in failing to reinstate the cases after violation of the rule was brought to the court’s attention.…

3Cases cited20 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Peralta v. Heights Medical Center, Inc.Supreme Court of the United States · 1988
  3. Villarreal v. San Antonio Truck & EquipmentTexas Supreme Court · 1999
  4. Morrow v. H.E.B., Inc.Texas Supreme Court · 1986
  5. State v. RotelloTexas Supreme Court · 1984

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4Cited by89 opinions

  1. Texas Sting, Ltd. v. R.B. Foods, Inc., Texas Court of Appeals, 4th District (San Antonio)2002
  2. Fox v. Wardy, Texas Court of Appeals, 8th District (El Paso)2007
  3. Dueitt v. Arrowhead Lakes Property Owners, Inc., Texas Court of Appeals, 10th District (Waco)2005
  4. Sellers v. FosterCourt of Appeals of Texas · 2006
  5. Keough v. Cyrus USA, Inc., Texas Court of Appeals, 14th District (Houston)2006

84 more not listed; retrieve them via the Exa API.

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