CAPPETTA v. HERMES

No. 04-06-00125-CV.

222 S.W.3d 160 (2006)

Dr. Christopher J. CAPPETTA, Appellant, v. Michael HERMES, Sr., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled February 16, 2007.


Attorney(s) appearing for the Case

Elizabeth Conry Davidson, San Antonio, for appellant.

Allen F. Cazier, San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.


OPINION

Opinion by SARAH B. DUNCAN, Justice.

Dr. Christopher J. Cappetta appeals the trial court's orders granting Michael Hermes, Sr.'s motion to dismiss for want of prosecution and denying Dr. Cappetta's motion to reinstate. On our own initiative, we have taken the appeal en banc to revisit the standard that applies to reinstatement motions. We hold the standard set forth in Texas Rule of Civil Procedure 165a(3) applies to all reinstatement motions, regardless...

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