Kuykendall v. Spicer

OPINION

CANTU, Justice.

This is an appeal from a final judgment of dismissal for want of prosecution under Tex.R.Civ.P. 165a. Appellant, in six points of error, complains of the trial court’s abuse of discretion in granting the dismissal for various reasons. We agree and reverse with instructions.

Although the record does not contain a statement of facts, a bill of exceptions prepared in open court or in chambers in the presence of the trial judge is included. Ap-pellee has not challenged the statements in appellant’s brief as to the facts or the record, and has not filed a brief in this court.…