Guest v. Dixon

Rule 165a(3) of the Texas Rules of Civil Procedure provides that a timely motion to reinstate a case that has been dismissed for want of prosecution extends the deadline to perfect appeal. 1 The rule also states: “A motion to reinstate shall set forth the grounds therefor and be verified by the movant or his attorney.” A divided court of appeals held that a motion to reinstate supported only by the affidavit of the movant’s former attorney in the case does not extend the deadline for appeal. 153 S.W.3d 466 (Tex.App. — Amarillo 2004). We disagree.

Petitioner Anita Guest and her husband James…