Legal Opinion

Brown v. Vann

Texas Court of Appeals, 5th District (Dallas)

Decided July 7, 2005No. 05-04-00917-CVPublishedCited by 2 opinions

1Opinion of the Court

OPINION

Opinion By Justice LANG.

This is a restricted appeal pursuant to Texas Rule of Appellate Procedure 30. 1 Appellant, John F. Brown, is the defendant below. The jury rendered a verdict favorable to him, yet the trial court dismissed the case for want of prosecution when a proposed judgment was not submitted by the parties. In two issues, Brown argues that the trial court’s dismissal of this case for want of prosecution is an abuse of discretion.

Brown asserts specifically that the error of abuse of discretion is apparent on the face of the record since: 1) the trial court should have…

2Cases cited19 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  3. George Alexander D/B/A Zentner's Daughter Steakhouse v. Lynda's BoutiqueTexas Supreme Court · 2004
  4. Villarreal v. San Antonio Truck & EquipmentTexas Supreme Court · 1999
  5. Bevil v. JohnsonTexas Supreme Court · 1957

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3Cited by2 opinions

  1. Kim Hackler and Steve Hackler, Individually and as Next Friends for Chris Hackler, a Minor v. Nicholas Depinto, Ingrid Depinto, Joe Depinto, Travis Wheeler, Kelly Wheeler, Steve Wheeler, Ashley McBride, Jane McBride, Paul McBride, Laurel Glenn, Kathy Glenn, Bill Glenn, Jerry Hollingsworth, and Kenneth Anderson, Texas Court of Appeals, 2nd District (Fort Worth)2007
  2. Kim Hackler and Steve Hackler, Individually and as Next Friends for Chris Hackler, a Minor v. Nicholas Depinto, Ingrid Depinto, Joe Depinto, Travis Wheeler, Kelly Wheeler, Steve Wheeler, Ashley McBride, Jane McBride, Paul McBride, Laurel Glenn, Kathy Glenn, Bill Glenn, Jerry Hollingsworth, and Kenneth Anderson, Texas Court of Appeals, 2nd District (Fort Worth)2007

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