Aguilar v. Maverick Eng'g Co
In Aguilar v. Maverick Eng'g Co., 752 S.W.2d 727 (Tex. App.--Corpus Christi 1998, no writ), one of the defendants obtained summary judgment in its favor. Id. at 728.
When the plaintiff appealed, the appellate court dismissed the appeal for want of jurisdiction, holding the appeal was not final because it did not dispose of all claims and issues. Id.
Sometime after the appeal was dismissed, the trial court entered an order dismissing the case for want of prosecution. Id.
The plaintiff made no attempt to reinstate the case, but appealed, arguing on appeal that the trial court erred in granting summary judgment. Id.
The court of appeals held that in the absence of a complaint about the order of dismissal, or any argument relating to the dismissal order, there was no reversible error. Id.
The court overruled all of the plaintiff's points of error and affirmed the judgment of dismissal. Id.