Enriquez v. Livingston

In light of the arguments presented by the State in its motion for rehearing regarding the timeliness of Enriquez’s motion to reinstate, I can no longer conclude that the district court abused its discretion when it denied the motion without an oral hearing. Because the majority holds otherwise, I respectfully dissent.

We are to review a dismissal for want of prosecution and the subsequent denial of a motion to reinstate under an abuse-of-discretion standard. See Smith v. Babcock & Wilcox Constr. Co., 913 S.W.2d 467, 467-68 (Tex.1995); Stale v. Rotello, 671 S.W.2d 507, 509 (Tex.1984); Brown…