FEDCO OIL CO. v. PRIDE REFINING CO.

No. B14-89-00470-CV.

787 S.W.2d 572 (1990)

FEDCO OIL COMPANY and Don R. Billingsley, Appellants, v. PRIDE REFINING COMPANY, INC., Cefor Holdings Corp., David Jones and Jimmy R. Morris, Appellees.

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

Rehearing Denied April 26, 1990.


Attorney(s) appearing for the Case

Marc D. Murr, Houston, for appellants.

Randall L. Brim, Robert H. Singleton, Jr., Eugene B. Wilshire, Jr., Beverly Arleen Sandifer, Houston, for appellees.

Before ROBERTSON, DRAUGHN and JACKSON B. SMITH, Jr., retired Justice (sitting by designation).


OPINION

ROBERTSON, Justice.

This appeal is from an order dismissing appellants' causes of action "for want of prosecution." Appellants assert the dismissal order, in reality, is based on their failure to comply with a previous order abating the lawsuit as to Fedco Oil Company rather than on want of prosecution. Counsel for all parties to the lawsuit, at oral submission, simplified the question for our consideration by agreeing that the sole issue is whether...

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