Opinion
No. 05-03-00212-CV.
Opinion Filed November 6, 2003.
Appeal from the 116th District Court, Dallas County, Texas, Trial Court Cause No. 01-05557-F.
REVERSE and REMAND.
Before Justices MORRIS, O'NEILL, and LANG.
MEMORANDUM OPINION
In this restricted appeal, Craig Koziar appeals the trial court's order dismissing this case for want of prosecution. We reverse and remand.
Craig Koziar's case against defendants was set for trial for the week of September 30, 2002. On September 23, 2002, the trial court granted a continuance for that setting. Koziar did not make a trial announcement by the deadline for a September 30 setting, which under the local rules fell on September 27. On September 27, 2002, the trial court signed an order dismissing the case "for want of prosecution for failure to announce for trial setting of September 30."
We review a dismissal for want of prosecution under an abuse of discretion standard. State v. Rotello, 671 S.W.2d 507, 509 (Tex. 1984).
Once the trial court granted a continuance of the September 30 setting, the plaintiff was no longer obliged to make an announcement for that setting. Thus, dismissal on that ground was an abuse of discretion. Accordingly, we REVERSE the trial court's order dismissing the case for want of prosecution and REMAND for further proceedings in the trial court.