Dan Thomas v. Texas Department of Criminal Justice James A. Lynaugh S. O. Woods, Jr. James A. Collins Jack M. Garner And H. Ray Terry ( 1995 )

thomas.dd.cv5-595 TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN



NO. 03-95-00595-CV



Dan Thomas, Appellant

v.

Texas Department of Criminal Justice, James A. Lynaugh, S. O. Woods, Jr., James A. Collins, Jack M. Garner, and H. Ray Terry, Appellees



FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT NO. 432,548, HONORABLE SUZANNE COVINGTON, JUDGE PRESIDING

PER CURIAM

Dan Thomas appeals the trial court's dismissal for want of prosecution. The appellees have submitted a motion in which they state that Thomas had a pending motion for summary judgment on file at the time of the dismissal. The appellees contend that "the efficient administration of justice would best be served [by] reversing the judgment of the court below and remanding the cause for further consideration."

A review of the transcript pending filing supports the appellees' contention. Thomas filed a motion for summary judgment on July 6, 1994. The appellees moved to dismiss for want of prosecution on August 9, 1995. Thomas filed an affidavit in support of his motion for summary judgment on August 18, 1995. The court dismissed the cause on August 24, 1995.

We dismiss all motions pending in this Court. We grant the appellees' motion. We reverse the judgment and remand the cause for further proceedings.

Before Chief Justice Carroll, Justices Jones and B. A. Smith

Reversed and Remanded on Appellees' Motion

Filed: December 20, 1995

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