IN RE GENERAL MOTORS CORP.

No. 03-07-00509-CV.

296 S.W.3d 813 (2009)

In re GENERAL MOTORS CORPORATION, Chevrolet Motor Division and Austin Chevrolet, Inc. d/b/a Munday Chevrolet/Geo.

Court of Appeals of Texas, Austin.

August 28, 2009.


Attorney(s) appearing for the Case

A. Erin Dwyer, Figari & Davenport, P. Michael Jung, Strasburger & Price, L.L.P., Dallas, TX, Walter H. Mizell, Brown, McCarroll, L.L.P., Lawrence M. Dwyer, Lloyd E. Ferguson, Strasburger & Price, L.L.P., Austin, TX, Merritt N. Spencer, Spencer & Spencer, L.L.P., Tomball, TX, for relator.

Leon VadimKomkov, Baskin, Bennett & Komkov, J. Bruce Bennett, Cardwell, Hart & Bennett, L.L.P., Austin, TX, Dent M. Morton, Joseph W. Letzer, Burr & Forman, L.L.P., Birmingham, AL, for real party in interest.

Before Chief Justice JONES, Justices WALDROP and HENSON.


OPINION

G. ALAN WALDROP, Justice.

This original proceeding involves the duration of the district court's plenary power over a suit that was inadvertently dismissed for want of prosecution while the suit was abated in the district court. The suit had been abated to allow an administrative proceeding to take place to resolve certain issues that were predicates to the district court acquiring jurisdiction over all of the claims and issues in the suit...

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