Butts v. Capitol City Nursing Home, Inc

In Butts v. Capitol City Nursing Home, Inc., 700 S.W.2d 628 (Tex. App.--Austin 1985), writ ref'd n.r.e., 705 S.W.2d 696 (Tex. 1986), the trial court dismissed the plaintiff's claims for want of prosecution. Id. at 629. The plaintiff filed a timely but unverified motion to reinstate and later filed a notice of appeal more than thirty days after the trial court signed the order of dismissal. Id. On appeal, the plaintiff suggested that the court of appeals treat the unverified motion to reinstate as a motion for new trial. Id. at 630. The court of appeals dismissed the appeal for want of jurisdiction, stating, "Without treating every motion to reinstate as a motion for new trial, it is difficult to see how the motion in question could be other than a motion to reinstate." Id. In denying writ, no reversible error, the supreme court noted that if the plaintiff's motion to reinstate had been verified as required by rule 165a, it would have extended the time for perfecting appeal. Butts, 705 S.W.2d at 697.