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Garcia v. Hudson

Court of Appeals of Texas, Fifth District, Dallas
Jun 18, 2008
No. 05-07-01058-CV (Tex. App. Jun. 18, 2008)

Opinion

No. 05-07-01058-CV

Opinion issued June 18, 2008.

On Appeal from the 296th District Court, Collin County, Texas, Trial Court Cause No. 296-02516-06.

Before Justices WRIGHT, BRIDGES, and MAZZANT.


MEMORANDUM OPINION


Flor De Liza Garcia and Miguel Garcia, individually and as next friends of Meliza Garcia and Meliza Garcia, individually, appeal the trial court's dismissal of their negligence claims against Lester Hudson for want of prosecution. In a single issue, appellants argue they have established each element of their restricted appeal. Hudson's brief states that he does not oppose the remedy sought by appellants. We have reviewed the record and conclude appellants have established each of the elements of a restricted appeal. See Tex. R. App. P. 30. Accordingly, we sustain appellants' single issue.

We reverse the trial court's order dismissing appellants' claims for want of prosecution and remand this cause for further proceedings.


Summaries of

Garcia v. Hudson

Court of Appeals of Texas, Fifth District, Dallas
Jun 18, 2008
No. 05-07-01058-CV (Tex. App. Jun. 18, 2008)
Case details for

Garcia v. Hudson

Case Details

Full title:FLOR DE LIZA GARCIA AND MANUEL GARCIA, INDIVIDUALLY AND AS NEXT FRIENDS OF…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jun 18, 2008

Citations

No. 05-07-01058-CV (Tex. App. Jun. 18, 2008)