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AMERICAN GEN. FIRE & CAS. CO. v. SCHATTMAN

No. 2-88-210-CV.

761 S.W.2d 582 (1988)

AMERICAN GENERAL FIRE AND CASUALTY COMPANY, Relator, v. The Honorable Michael D. SCHATMAN, Judge, 348th District Court, Tarrant County, Texas, Respondent.

Court of Appeals of Texas, Fort Worth.

December 8, 1988.

Attorney(s) appearing for the Case

Strasburger & Price, and Michelle D. Chadwick, and Mark M. Donheiser, G. Laird Morgan, Dallas, for relator.

Kugle, Stewart, Dent & Frederick and Dwain Dent, Fort Worth, for real party in interest, Willie Mae Thompson.

Before FENDER, C.J., and KELTNER and LATTIMORE, JJ.

OPINION

KELTNER, Justice.

The issue in this mandamus proceeding is whether the trial court had jurisdiction to grant an order to reinstate a case 254 days after it had been dismissed for want of prosecution. While we hold the trial court did not have jurisdiction to reinstate, the issue is complicated because the record reflects that no notice of the dismissal was given to the plaintiff until 234 days after judgment was entered.

The real party in...

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