Continental Casing Corp. v. Siderca Corp

In Continental Casing Corp. v. Siderca Corp., 38 S.W.3d 782 (Tex. App.--Houston 14th Dist. 2001, no pet.), the Court held that the trial court did not abuse its discretion in striking Continental's second and third petitions for failure to replead within seven days as ordered by the trial court. Although Continental argued that its untimely repleading should be excused because the trial court's order giving it seven days to replead was undated and "did not affirmatively state when the order was issued," the appellate court held that it was not excused because "Continental's counsel was chargeable with notice" of the date the order was issued. Id. at 790. Thus, the appellate court held that the trial court did not abuse its discretion in striking Continental's petitions. Id. at 791.