State v. Rotello

ON APPLICATION FOR WRIT OF ERROR

This case, was dismissed by the trial court for want of prosecution, and plaintiff sued out a writ of error from the Court of Civil Appeals. The intermediate court reversed the judgment of the trial court and remanded the cause. Tex.Civ.App., 492 S.W.2d 347. In our opinion the record affirmatively shows that plaintiff and his attorney were not given proper notice prior to dismissal of the case. The application for writ of error is refused, no re-vesible error, but we are not to be understood as approving the holding of the Court of Civil Appeals, if it did so…