Tuesday, October 27, 2009

Standard of Review Applied by Appellate Court in Reviewing Propriety of Dismissal for Want of Prosecution Order Entered by the Trial Court


CHALLENGING A DWOP ORDER:

Standard of Review on Appeal, as stated by the Dallas Court of Appeals:

We review a dismissal for want of prosecution under an abuse of discretion standard. See Vann v. Brown, 244 S.W.3d 612, 614 (Tex. App.-Dallas 2008, no pet.). See also Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex. 1985) (trial court abuses its discretion when it acts in an arbitrary or unreasonable manner without reference to any guiding rules or principles).

Oliphant Financial, LLC v. Galvaniz,
No. 05-07-01730-CV (Tex.App.- Dallas Oct. 26, 2009)

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