BROWN v. BROOKSHIRES GROCERY STORE

No. 05-96-01710-CV.

10 S.W.3d 351 (1999)

Jeffrey BROWN and Charles Brown, Appellants, v. BROOKSHIRES GROCERY STORE and Glenn Noble Security, Inc., Appellees.

Court of Appeals of Texas, Dallas.

February 10, 1999.


Attorney(s) appearing for the Case

Andrew A. Bergman, Bergman, Stein & Bird, L.L.P., David M. Ross, Bergman Yonks & Stein, P.C., Dallas, for Appellants.

Gregory R. Ave, Ronald W. Johnson, Touchstone Bernays Johnston Beall & Smith, John Holman Barr, Christopher J. Harrington, Dallas, for Appellees.

David Lloyd Zedler, David Zedler P.C., Sherman, for Third Party.

Before Chief Justice THOMAS and Justices MORRIS and WRIGHT.


OPINION

JOSEPH B. MORRIS, Justice.

This is an appeal by writ of error. Jeffrey and Charles Brown challenge the trial court's order dismissing their lawsuit against appellees for want of prosecution. In two points of error, they contend the dismissal was not factually supported and that the dismissal without a hearing violated Texas Rule of Civil Procedure 165a. We agree the trial court did not comply with the rules of civil procedure. We reverse the dismissal...

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