(Download) "Memorial Hospital Galveston County v. Zelma Lee Gillis" by Supreme Court of Texas No. C-6709 * Book PDF Kindle ePub Free
eBook details
- Title: Memorial Hospital Galveston County v. Zelma Lee Gillis
- Author : Supreme Court of Texas No. C-6709
- Release Date : January 18, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Per Curiam Forty days after the trial court had dismissed her worker's compensation suit for want of prosecution, Zelma Lee
Gillis filed an unverified motion to reinstate. Gillis' motion stated the nature of her action, explained the cause for the
delay in prosecution, and claimed that her suit had merit. Following a hearing on her motion, the trial court reinstated her
action. The record does not reflect what transpired at that hearing, and the order reinstating the cause does not recite the
trial court's findings or the grounds for reinstatement. The action later went to trial, where Gillis had judgment on a jury
verdict awarding some $52,000 for her injuries. The court of appeals affirmed. S.W.2d . On September 19, 1987, we refused
Memorial Hospital's application for writ of error, finding no reversible error. The court grants Memorial Hospital's motion
for rehearing, and without hearing oral argument reverses the judgment of the court of appeals and vacates the judgment of
the trial court. The opinion of the court of appeals conflicts with TEX R. CIV. P. 306(a). The procedure for obtaining relief from a dismissal for want of prosecution is set forth in TEX. R. CIV. P. 165a. In pertinent
part, Rule 165a states: