State v. Rotello
Cases that cite this one
14 later published cases cite this decision.
- McCormick v. Shannon West Texas Memorial Hospital (Tex. App. 1984)
- Hubert v. Illinois State Assistance Commission (Tex. App. 1993)
- Falcon Ridge Apartments Joint Venture v. General Electric Co. (Tex. App. 1990)
- Hicks v. First National Bank in Dalhart (Tex. App. 1989)
- State v. Rotello (Tex. 1984)
- Robinson v. Risinger (Tex. App. 1977)
- Dale Roush, Individually and as Trustee of the Dale Roush Assets Trust v. Metropolitan Life Insurance Company and Joel Hart (Tex. Crim. App. 2018)
- General Electric Co. v. Falcon Ridge Apartments, Joint Venture (Tex. 1991)
- Collier Manufacturing & Supply, Inc. v. Interfirst Bank Austin, N.A. (Tex. App. 1988)
- Tramco Enterprises, Inc. v. Independent American Savings Ass'n (Tex. App. 1987)
- Sunbelt Tectonics, Inc. v. Ramirez (Tex. App. 1987)
- Ostrander v. Texas Commerce Bank-Northwest, N.A. (Tex. App. 1987)
- Kuykendall v. Spicer (Tex. App. 1982)
- Estate of Bolton v. Coats (Tex. App. 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
ON APPLICATION FOR WRIT OF ERROR
This case, was dismissed by the trial court for want of prosecution, and plaintiff sued out a writ of error from the Court of Civil Appeals. The intermediate court reversed the judgment of the trial court and remanded the cause. Tex.Civ.App., 492 S.W.2d 347. In our opinion the record affirmatively shows that plaintiff and his attorney were not given proper notice prior to dismissal of the case. The application for writ of error is refused, no re-vesible error, but we are not to be understood as approving the holding of the Court of Civil Appeals, if it did so hold, that a case may not properly be dismissed for want of prosecution unless it has first been set for trial, or that the failure to set for trial affects the showing that must be made to obtain a reversal when the order of dismissal is subjected to a direct attack by appeal or writ of error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.