Twice Dismissed Case Example In Texas
In City of Alamo v. Casas, 960 S.W.2d 240, 260 (Tex. App.-Corpus Christi 1997, writ denied), the case had been twice dismissed for want of prosecution as a result of the plaintiff's inaction.
The City argued that the trial court abused its discretion by refusing to factor into its calculation of prejudgment interest those periods of delay caused by the plaintiffs.
The appellate court disagreed, noting that the "statute does not mandate such offsetting, which is entirely within the discretion of the trial court." Id. at 260.
The appellate court refused to substitute its opinion for that of the trial court. Id.