dismissal for want of prosecution

The end of the courts of appeals’ fiscal year is upon us and as a result we are seeing a stream of opinions.   One recent opinion that was of particular note is Crown Asset Management, L.L.C. v. Loring.  It is noteworthy for at least two reasons: (1) it was issued by the Dallas Court of Appeals sitting en banc–a rare occurrence, and (2) its holdings are surprising, if not controversial–controversial enough to draw a three-justice dissent, another rarity   This case may merit watching in the event it proceeds further.  Because of its importance, all three of Reverse & Render’s bloggers have decided to review this case en banc, and therefore join the following summary.

Bottom line, the Court held that a trial court did not abuse its discretion by dismissing a case for want of prosecution four months after it was filed while the plaintiff was actively attempting to secure a default judgment.   Readers may want to read the majority and dissenting opinions for themselves.  We summarize and briefly discuss the three holdings below.Continue Reading Dallas Court Reviews “Aggressive Docket Administration”