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ROTELLO v. STATE

No. C14-82-764CV.

666 S.W.2d 194 (1983)

Tom ROTELLO, et al., Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied January 19, 1984.

Attorney(s) appearing for the Case

Robert L. Burns, J. Mark Breeding, Sears & Burns, Houston, for appellant.

Mark White, Atty. Gen., Joe D. Jarrard, Asst. Atty. Gen., Austin, for appellee.

Before JUNELL, MURPHY and SEARS, JJ.

MURPHY, Justice.

This appeal from the trial court's dismissal of appellants' suit for want of prosecution presents the question of whether appellants Tom Rotello, Lela P. Rotello, and Frances Rotello received notice of the trial court's intention to dismiss their suit for want of prosecution. We find that the appellants did not receive notice. This finding also raises the question of whether a failure to give notice prior to dismissal is harmless error because the...

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