Texas Supreme Court
James Smith and Wife, Shirley Anne Smith, and Lumbermen’s Mutual Casualty Company, Petitioners v. Babcock & Wilcox…
February 9, 1996913 S.W.2d 467
Summary
The Texas Supreme Court held that the trial court abused its discretion by refusing to reinstate the Smiths' case after it was dismissed for want of prosecution. The Court found the attorney's failure to appear was reasonably explained and not the result of conscious indifference, and therefore reversed the appellate court and remanded with instructions to reinstate the case.