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SHOOK v. GILMORE & TATGE MFG. CO., INC.

No. 10-96-237-CV.

951 S.W.2d 294 (1997)

James SHOOK, Individually and as Surviving Parent of Keith Dwain Shook, Deceased, Appellant, v. GILMORE & TATGE MANUFACTURING COMPANY, INC., et al., Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled October 1, 1997.

Attorney(s) appearing for the Case

Larry Warner, Brownsville, for appellant.

David R. Poage, Jane Nenninger Bland, Macey Reasoner Stokes, Baker & Botts, L.L.P., Houston, Kevin J. Cook, Gary W. Maxfield, Payne & Blanchard, L.L.P., Dallas, for appellees.

Before DAVIS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

CUMMINGS, Justice.

On June 28, 1996, the trial court dismissed the suit filed by the appellant, James Shook, for want of prosecution. Shook appeals, claiming that the trial court abused its discretion in failing to reinstate his suit. In one point of error Shook asserts that the trial judge erred in not reinstating, contending the evidence introduced during the reinstatement hearing showed the failure of Shook's attorney to appear at a pretrial hearing...

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