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NEWCO DRILLING CO. v. WEYAND

No. 97-0390.

960 S.W.2d 654 (1998)

NEWCO DRILLING COMPANY, Petitioner, v. Richard W. WEYAND, Weyand Corporation, Milton & Weyand, Ltd., Stanford Energy Corporation, Stanford Capital, L.P., Stanford Petro, Inc., Dal-York Realty, Inc., Dal-York Realty-I, Ltd., Team Property Management Co., Ltd., et al., Respondents

Supreme Court of Texas.

January 16, 1998.

Attorney(s) appearing for the Case

H. Robert Powell, Michael S. Truesdale, Austin, John Walter Patton, Dallas, for petitioner.

Steven A. Springer, David M. Pruessner, Kathryn L. Shilling, Dallas, for respondents.

Opinion

PER CURIAM.

The issue in this case is whether a partial summary judgment survives a dismissal for want of prosecution. We hold that when a defendant obtains a partial summary judgment on certain of plaintiff's causes of action and the court thereafter dismisses the plaintiff's case for want of prosecution, without vacating the partial summary judgment, the dismissal for want of prosecution results in a dismissal with prejudice on the issues decided...

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