Brown v. Howeth Invs., Inc

In Brown v. Howeth Invs., Inc., 820 S.W.2d 900, 902-03 (Tex. App.--Houston 1st Dist. 1991, writ denied), the court concluded there was nothing in the record to suggest that the plaintiff intentionally ignored his suit for sixteen months or intentionally failed to respond to the notice of intent to dismiss, when he had become dissatisfied with his first lawyer's failure to prosecute the suit, took steps to retain new counsel, and had substituted new counsel just after the notice of intent to dismiss was sent to his first lawyer. See id. at 902. The court stated that "the plaintiff should not be precluded from reaching the merits of his suit because of the unfortunate timing of the notice to substitute." Id.