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MATHESON v. AMERICAN CARBONICS

No. 06-93-00077-CV.

867 S.W.2d 146 (1993)

Michael MATHESON, Appellant, v. AMERICAN CARBONICS, Baxter Healthcare and Vianet Houston, Inc., Appellees.

Court of Appeals of Texas, Texarkana.

December 14, 1993.

Attorney(s) appearing for the Case

G. Morris Hamm, Schindler & Hamm, Houston, for appellant.

Arthur F. Almquist, Mehaffy & Weber, Houston, Doreen C. Abraham, SouthLake, for appellees.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.

OPINION

BLEIL, Justice.

Michael Matheson appeals from the trial court's order dismissing his case for want of prosecution. Matheson contends that the trial court's failure to hold a hearing on his motion to reinstate as required by Texas Rule of Civil Procedure 165a constitutes an abuse of discretion. We agree and reverse.

This lawsuit was filed October 6, 1992. Two defendants duly answered; one did not answer. Discovery was proceeding, and a motion...

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