PNC Equipment Finance, LLC v. Matthew Ward Hanna

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-18-00113-CV
PNC EQUIPMENT FINANCE, LLC, Appellant
V.
MATTHEW WARD HANNA, Appellee
On Appeal from the 62nd District Court
Hopkins County, Texas
Trial Court No. CV-41330
Before Morriss, C.J., Burgess and Stevens, JJ.
Memorandum Opinion by Justice Burgess
MEMORANDUM OPINION
PNC Equipment Finance, LLC (PNC), sued Matthew Ward Hanna to recover sums owed
under certain Lease and Loan/Lease Agreements. Hanna filed a motion to dismiss for want of
prosecution, which the trial court granted. PNC filed a verified motion to reinstate, which the trial
court denied without a hearing. In this appeal, PNC asserted that the trial court abused its
discretion in dismissing its claims, in denying its motion to reinstate, and in denying its request for
a hearing on its motion to reinstate. Because the trial court’s error in denying a hearing on PNC’s
motion to reinstate prevented the proper presentation of this case on appeal, we abated this case
and remanded it to the trial court to conduct an oral hearing on PNC’s motion to reinstate. See
TEX. R. APP. P. 44.4; Roush v. Metro. Life Ins. Co., 551 S.W.3d 903, 904–05 (Tex. App.—Amarillo
2018, no pet.).
On July 15, 2019, the trial court conducted an oral hearing on PNC’s motion to reinstate,
granted the motion, vacated its order of dismissal, and reinstated PNC’s cause of action on the trial
court’s docket. Subsequently, PNC filed a motion in this Court to dismiss its appeal that has not
been opposed, and which we grant. See TEX. R. APP. P. 42.1(a)(1).
We dismiss this appeal.
Ralph K. Burgess
Justice
Date Submitted: August 15, 2019
Date Decided: August 16, 2019
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