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STATE v. ROTELLO

No. B-3987.

497 S.W.2d 290 (1973)

The STATE of Texas et al. v. Tom ROTELLO et al.

Supreme Court of Texas.

July 11, 1973.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Alvin K. James, Asst. Atty. Gen., Austin, for petitioners.

Sears & Burns, C. Charles Dippel, Houston, for respondents.

ON APPLICATION FOR WRIT OF ERROR

PER CURIAM.

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...

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