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ALEXANDER v. LYNDA'S BOUTIQUE

No. 01-1248.

134 S.W.3d 845 (2004)

George ALEXANDER d/b/a Zentner's Daughter Steakhouse, Petitioner, v. LYNDA'S BOUTIQUE, Respondent.

Supreme Court of Texas.

Decided May 14, 2004.

Rehearing Denied June 18, 2004.

Attorney(s) appearing for the Case

Michael P. Young, Leonard Woods, Davis & Wilkerson, P.C., Austin, Larry W. Bale, Hay Wittenburg Davis Caldwell & Bale, San Angelo, for petitioner.

Russell J. Bowman, for respondent.

Justice OWEN delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT and Justice BRISTER joined.

There are two issues in this restricted appeal. The first is whether Texas Rule of Civil Procedure 165a(1)1 requires that a separate hearing to adjudicate dismissal be held before a trial court may dismiss a case for want of prosecution for failure to appear at a pre-trial hearing...

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