George Alexander D/B/A Zentner's Daughter Steakhouse v. Lynda's Boutique

in which Chief Justice PHILLIPS, Justice HECHT, Justice O’NEILL, Justice WAINWRIGHT and Justice BRISTER joined.

There are two issues in this restricted appeal. The first is whether Texas Rule of Civil Procedure 165a(l)1 requires that a separate hearing to adjudicate dismissal be held before a trial court may dismiss a case for want of prosecution for failure to appear at a pre-trial hearing when notice of that pre-trial hearing stated that failure to appear may result in dismissal. The second issue is whether the notice of a pretrial conference in this case adequately reflected the trial…