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GMAC v. CITY OF HOUSTON

No. B14-92-00743-CV.

857 S.W.2d 731 (1993)

GENERAL MOTORS ACCEPTANCE CORPORATION, Appellant, v. The CITY OF HOUSTON, The Houston Police Department, and Ernest Fulginger d/b/a Metro Auto Storage, Appellees.

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

June 10, 1993.

Attorney(s) appearing for the Case

Michael T. Donohue, Houston, for appellant.

Gloria A. Minnick, Marty McVey, Andrea Chan, Houston, for appellees.

Before MURPHY, SEARS and DRAUGHN, JJ.

OPINION

DRAUGHN, Justice.

This is an appeal by writ of error from an order of dismissal for want of prosecution, signed December 5, 1991. Appellant claims that it did not receive the required mailed notice of either the Intent to Dismiss or the actual dismissal order. Not until April 22, 1992, when its counsel appeared in court for a hearing on appellant's motion for preferential trial setting, did appellant learn that the lawsuit had been dismissed. Specifically...

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