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Gulf Coast Investment Corp. v. NASA 1 Business Center

Supreme Court of Texas
Jul 6, 1988
754 S.W.2d 152 (Tex. 1988)
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affirming court of appeals' holding that trial court abused its discretion in failing to hold hearing on motion to reinstate

Summary of this case from Martinez v. Benavides
See 10 Summaries

Opinion

No. C-7441.

July 6, 1988.

Appeal from the 55th District Court, Harris County, Reagan Cartwright, J.

Thomas W. McQuage, Barlow, Todd, Crews Jordan, Galveston, Joe R. Greenhill, Baker Botts, Austin, Lee H. Rosenthal, Geoffrey A. Price, John Zavitsanos, Baker Botts, Houston, for petitioners.

Charles W. Kelly, Matthew R. Muth, Griggs Harrison, Houston, for respondent.

OPINION ON APPLICATIONS FOR WRIT OF ERROR

PER CURIAM.

The applications for writ of error are denied.

The court of appeals correctly held that the trial court abused its discretion in refusing to hold an oral hearing on respondent's motion to reinstate 747 S.W.2d 36. It is clear that an oral hearing is required on any timely filed motion to reinstate under TEX.R.CIV.P. 165a. The rule requires that the judge "shall set a hearing on the motion as soon as practicable," and that the court "shall notify all parties or their attorneys of record of the date, time and place of the hearing" (emphasis added).

Not every hearing called for under every rule of civil procedure, however, necessarily requires an oral hearing. Rule 7, Rules of Judicial Administration, provides, in part, as follows:

A district or statutory county court judge shall:

. . . .

(4) utilize to the extent consistent with safeguarding the rights of litigants to the just processing of their causes, methods to expedite the disposition of cases on the docket of the court, including

. . . .

(b) the use of telephone or mail in lieu of personal appearance by attorneys for motion hearings. . . .

(Emphasis added.) Unless required by the express language or the context of the particular rule, therefore, the term "hearing" does not necessarily contemplate either a personal appearance before the court or an oral presentation to the court.

Summaries of

Gulf Coast Investment Corp. v. NASA 1 Business Center

Supreme Court of Texas
Jul 6, 1988
754 S.W.2d 152 (Tex. 1988)

affirming court of appeals' holding that trial court abused its discretion in failing to hold hearing on motion to reinstate

Summary of this case from Martinez v. Benavides

affirming court of appeals' holding that trial court abused its discretion in failing to hold hearing on motion to reinstate

Summary of this case from Vargas v. La Regiomontana Meat Co.

affirming court of appeals' holding that trial court abused its discretion in failing to hold hearing on motion to reinstate

Summary of this case from Smith v. McKee

explaining that not every hearing called for under every rule of civil procedure necessarily requires an oral hearing, unless required by the express language or the context of the particular rule

Summary of this case from Mitchell v. State

providing that unless required by the express language or context of particular rule of civil procedure, the term "hearing" does not necessarily contemplate either a personal appearance before the court or an oral presentation to the court

Summary of this case from Roberts v. Dept. of Par.

stating hearing on motion to reinstate required where appellant had properly requested hearing

Summary of this case from Rainbow Home Hlth v. Schmidt

In Gulf Coast, the supreme court referenced rule 7 of the Rules of Judicial Administration, which encourages trial court judges to use the telephone and mail in lieu of personal appearances by attorneys for motion hearings and other pretrial business to expedite the disposition of cases.

Summary of this case from Perkins v. Groff

relying on the Rules of Judicial Administration

Summary of this case from Classic Promotion v. Shafer

In Gulf Coast Investment Corp. v. NASA I Business Center, 754 S.W.2d 152, 153 (Tex. 1988), the court stated: "[u]nless required by the express language or the context of the particular rule... the term 'hearing' does not necessarily contemplate either a personal appearance before the court or an oral presentation to the court."

Summary of this case from Gordon v. Ward

In Gulf Coast Investment Corp. v. NASA 1 Business Center, 754 S.W.2d 152, 153 (Tex. 1988), the supreme court held that the trial court abused its discretion in refusing to hold an oral hearing on a motion to reinstate a dismissed case pursuant to TEX.R.CIV.P. 165a. Rule 165a requires that the judge "shall set a hearing on the motion as soon as practicable," and that the court "shall notify all parties or their attorneys of record of the date, time and place of the hearing."

Summary of this case from United Bus. v. Sw. Bell
Case details for

Gulf Coast Investment Corp. v. NASA 1 Business Center

Case Details

Full title:GULF COAST INVESTMENT CORPORATION and American National Insurance Company…

Court:Supreme Court of Texas

Date published: Jul 6, 1988

Citations

754 S.W.2d 152 (Tex. 1988)

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