Legal Opinion

Rotello v. State

Court of Appeals of Texas

Decided December 15, 1983No. C14-82-764CVPublishedCited by 7 opinions

1Opinion of the Court

MURPHY, Justice.

This appeal from the trial court’s dismissal of appellants’ suit for want of prosecution presents the question of whether appellants Tom Rotello, Lela P. Rotello, and Prances Rotello received notice of the trial court’s intention to dismiss their suit for want of prosecution. We find that the appellants did not receive notice. This finding also raises the question of whether a failure to give notice prior to dismissal is harmless error because the appellants were afforded an opportunity to present their case against dismissal at a reinstatement hearing. We hold that a hearing…

2Cases cited7 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Armstrong v. ManzoSupreme Court of the United States · 1965
  3. Stoner v. ThompsonTexas Supreme Court · 1979
  4. Rotello v. StateCourt of Appeals of Texas · 1973
  5. In Re Adoption of ArmstrongCourt of Appeals of Texas · 1963

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. RotelloTexas Supreme Court · 1984
  2. Winston v. Dole, Texas Court of Appeals, 1st District (Houston)1984
  3. Interfirst Bank of Fort Worth, N.A. v. Estate of HendersonCourt of Appeals of Texas · 1986
  4. Dale Roush, Individually and as Trustee of the Dale Roush Assets Trust v. Metropolitan Life Insurance Company and Joel HartCourt of Criminal Appeals of Texas · 2018
  5. Ostrander v. Texas Commerce Bank-Northwest, N.A.Court of Appeals of Texas · 1987

2 more not listed; retrieve them via the Exa API.

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