Cleo G. Gracey, Petitioner v. Arline B. West

Summary

The Texas Supreme Court affirmed the trial court's summary judgment dismissing the suit for want of prosecution, holding that the court had authority to dismiss without a scire facias and that the dismissal order was voidable, not void. The Court further held that the respondent's bill of review failed to satisfy the three requisites of Alexander v. Hagedorn, and that attorney negligence does not constitute the fraud or wrongful act required for relief.