Legal Opinion

Freeport Operators, Inc. v. Home Insurance Co.

Court of Appeals of Texas

Decided January 19, 1984No. A14-82-714CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

DRAUGHN, Justice.

Appellant, Freeport Operators, Inc., complains of the trial court’s dismissal of this cause for want of prosecution. Appellant contends on appeal that such dismissal violated the provisions of Rule 165a of the Texas Rules of Civil Procedure and was an abuse of the court’s inherent power to dismiss. Appellee, however, urges that the case filed did not present a justiciable controversy because its maturity for litigation was dependent on the outcome of several pending federal lawsuits, and thus the instant case was properly dismissed. We find that appellant, in effect,…

2Cases cited4 opinions

  1. Firemen's Ins. Co. of Newark, New Jersey v. BurchTexas Supreme Court · 1968
  2. Coalson v. City Council of VictoriaTexas Supreme Court · 1980
  3. Lede v. AycockCourt of Appeals of Texas · 1981
  4. Ruth v. Imperial Insurance Co.Court of Appeals of Texas · 1979

3Cited by4 opinions

  1. First American Title Co. of El Paso v. Prata, Texas Court of Appeals, 8th District (El Paso)1990
  2. Travelers Indemnity Co. v. Olive's Sporting Goods, Inc.Court of Appeals of Arkansas · 1988
  3. Commonwealth County Mutual Insurance Co. v. Moctezuma, Texas Court of Appeals, 4th District (San Antonio)1995
  4. Commonwealth County Mutual Insurance Co. v. Moctezuma, Texas Court of Appeals, 4th District (San Antonio)1995

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