[Download] "Emerald Oaks Hotel/Conference Center v. Honorable Antonio A. Zardenetta" by Supreme Court of Texas No. C-8971 * eBook PDF Kindle ePub Free

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Title: Emerald Oaks Hotel/Conference Center v. Honorable Antonio A. Zardenetta
Author : Supreme Court of Texas No. C-8971
Release Date : January 13, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

Per Curiam The issue in this original mandamus proceeding is whether an oral pronouncement and docket entry may be used in
lieu of a written order to reinstate a cause previously dismissed for want of prosecution. A majority of the court answers
no and holds that an order of reinstatement must be in writing and signed during the period of the trial court's plenary power
and jurisdiction. The trial court's order of reinstatement conflicts with Texas Rule of Civil Procedure 165a(3) and Walker
v. Harrison, 597 S.W.2d 913 (Tex. 1980, orig. proceeding). Relators Emerald Oaks Hotel/Conference Center, Inc., Allan Clark, and Joseph E. Casperone were named as defendants in a lawsuit
filed by Pan Tex Hotel Corporation and Conference Center Development Corporation in December 1985. This lawsuit was dismissed
for want of prosecution by written order signed on July 27, 1988.