Opinion
No. D-1305.
October 7, 1992.
Appeal from the Court of Appeals for the Third District of Texas
Jay Doyle, Austin, for petitioner.
April Bacon, Austin, for respondent.
In this forfeiture case, the trial court granted the claimant's motion to dismiss and dismissed the suit with prejudice, finding that the State failed to request a hearing within 30 days of claimant's answer, as formerly required by Tex.Rev.Civ.Stat.Ann. art. 4476-15, § 5.07(a), Act of May 28, 1973, 63rd Leg., R.S., ch. 429, 1973 Tex.Gen.Laws 1132, 1161, as amended, Act of May 25, 1985, 69th Leg., R.S., ch. 227, § 13, 1985 Tex.Gen.Laws 1102, 1124. The court of appeals reversed the judgment and remanded the cause to the trial court to reinstate the case, stating that "[w]e agree with the courts of appeals that have construed former § 5.07(a) to be directory and not mandatory." 809 S.W.2d 344, 347. In our opinion today in State v. $435,000, 842 S.W.2d 642 (Tex. 1992) (per curiam), this court holds that former section 5.07(a) was mandatory and that the claimant "was entitled to a hearing within thirty days and a prompt trial setting, and would have been entitled to mandamus relief had the trial court refused either; but . . . [the claimant] was not entitled to dismissal of the State's action for the trial court's failure to consider the case expeditiously." Id. at 645. Petitioner's application for writ of error is denied.