Dismissal for Failure to Make An Appearance - Rule 165a Texas

The Villarreal v. San Antonio Truck & Equipment, 994 S.W.2d 628 (Tex. 1999) court explained the notice warned appellant "of a possible Rule 165a(1) dismissal for failure to make an appearance." However, because appellant appeared and announced "ready," "the trial court could not have dismissed the case for want of prosecution under Rule 165a(1)." Id. at 631. In rejecting the argument that the notice indicated that the case would be dismissed unless appellant showed good cause why it should not be, the Supreme Court stated that "the appellant appeared and announced ready for trial at the dismissal docket call. Because appellant complied with all the requirements of the notice, the trial court abused its discretion by invoking its inherent authority to dismiss for failure to prosecute diligently." Id. at 632.