Thordson v. City of Houston

This appeal arises from the trial court’s failure to reinstate a wrongful discharge suit against the City of Houston after dismissing it for want of prosecution. Milton I. Thordson, petitioner, complains that the trial court’s failure to hold a hearing on his timely-filed, properly verified motion to reinstate was an abuse of discretion because it is required by Texas Rule of Civil Procedure 165a. We agree and reverse and remand this cause to the trial court for a hearing on the motion to reinstate.

Rule 165a(4) requires that the judge “shall set a hearing on the motion [to reinstate] as soon…