Federal Deposit Insurance v. Finlay

OPINION ON MOTION FOR REHEARING

O’CONNOR, Justice.

We grant the appellee’s motion for rehearing and after hearing argument, we withdraw our earlier opinion and issue this opinion in its stead.

The issue before us is: May a trial court make an oral order at a rule 1661 pretrial conference, which is not reduced to writing and not recorded in a statement of facts, and later dismiss a party’s suit with prejudice for the violation of that order? This appeal arises because an oral order made during a rule 166 pretrial conference was not reduced to writing, was not recorded in a statement of facts, and…