Arguelles v. Kaplan

In Arguelles v. Kaplan, 736 S.W.2d 782, 785 (Tex. App.--Corpus Christi 1987, pet.ref'd n.r.e), the court treated the motion to reinstate, filed before dismissal was scheduled, as a motion to retain. However, the point of error in Arguelles addressed only the trial court's decision not to dismiss after giving notice of its intention to dismiss. The Arguelles court did not address the interpretation of the motion. Instead, it merely held that, "the dismissal or refusal to dismiss an action for want of prosecution is directed to the sound discretion of the trial judge, and his action will be reversed only upon a showing of an abuse of such discretion." Id. Under that standard, the trial court did not need a motion to retain or a hearing to retain the case on the docket.