Gaylor v. Fluker

OPINION

SEARS, Justice.

This is an appeal from a final judgment entered in favor of the plaintiff, Floyd Fluker. Appellant claims that the trial court lacked jurisdiction to enter the judgment, and in the alternative, that the Court abused its discretion when it reinstated the case. We affirm the judgment.

Fluker sued the appellant for monies owed under a partnership agreement. On March 7, 1991, the District Clerk’s office of Harris County mailed a Notice of Intention to Dismiss For Want of Prosecution to the parties. On April 10, 1991, the plaintiff’s Motion to Retain the case was denied. On…