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”