Legal Opinion
Dalmex, Ltd. v. Apparel Enterprises, Inc. and Salvador Del Rio
Texas Court of Appeals, 8th District (El Paso)
Decided January 8, 2015No. 08-13-00182-CVPublishedCited by 14 opinions
1Opinion of the Court
OPINION
STEVEN L. HUGHES, Justice
We decide in this case whether the trial court abused its discretion in refusing to reinstate a case dismissed for want of prosecution when the plaintiffs attorney failed to appear at the dismissal hearing. We conclude the trial court abused its discretion because the uncontroverted facts in the verified motion to reinstate established that the attorney’s failure to appear was not intentional or the result of conscious indifference but was due to accident or mistake.
BACKGROUND
On June 21, 2011, Appellant Dalmex, Ltd. filed suit against Apparel Enterprises, Inc.…
2Cases cited13 opinions
- Walker v. PackerTexas Supreme Court · 1992
- Craddock v. Sunshine Bus Lines, Inc.Texas Supreme Court · 1939
- Ivy v. CarrellTexas Supreme Court · 1966
- Director, State Employees Workers' Compensation Division v. EvansTexas Supreme Court · 1994
- Strackbein v. PrewittTexas Supreme Court · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Alice Lawson v. Scott Morrison and Oaks, Hartline & Daly, LLP, Texas Court of Appeals, 3rd District (Austin)2021
- April Pollefeyt v. Texas Health Resources D/B/A Arlington Memorial Hospital, Dr. Joseph Borrelli, and Holly Dunn, RN, Texas Court of Appeals, 2nd District (Fort Worth)2020
- Atwell, LLC v. DCP Operating Company, LP and DCP Sand Hills Pipeline, LLC, Texas Court of Appeals, 8th District (El Paso)2024
- Cynthia Martin v. Richard Wayne Sanders, Texas Court of Appeals, 1st District (Houston)2019
- Edith Roman and Alejandro Hernandez v. Joy Halverson, Texas Court of Appeals, 8th District (El Paso)2019
9 more not listed; retrieve them via the Exa API.