Juan Manuel Albarado v. Amanda M. Jimenez, 11-16-00280-CV

Appellant Juan Manuel Albarado, an inmate, filed a pro se petition for divorce on June 2, 2015, naming Amanda Jimenez as respondent.
Albarado requested service by certified mail; the clerk mailed citation on June 18, 2015, which was returned unclaimed on July 12, 2015.
Over fourteen months passed from filing to the trial court’s dismissal notice; Albarado did not obtain personal service on Jimenez or effect service by publication.
The trial court mailed a dismissal notice on August 4, 2016; Albarado filed a motion and affidavit asserting attempts to obtain service and asking removal from the dismissal docket.
The trial court dismissed the case for lack of prosecution on August 30, 2016; Albarado appealed, arguing the dismissal was an abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by dismissing for lack of prosecution	Albarado: he made reasonable attempts to obtain service and prosecute the case (including mailing and other attempts) so dismissal was improper	Trial court: Albarado failed to obtain service and did not do everything reasonably required; court followed dismissal procedures	Affirmed — no abuse of discretion; dismissal proper

MacGregor v. Rich, 941 S.W.2d 74 (Tex. 1997) (standard of review for dismissal for want of prosecution)
Villarreal v. San Antonio Truck & Equip., 994 S.W.2d 628 (Tex. 1999) (notice and hearing required before dismissal; court’s inherent docket-management power)
Iliff v. Iliff, 339 S.W.3d 74 (Tex. 2011) (definition of abuse of discretion)
In re Marriage of Buster, 115 S.W.3d 141 (Tex. App.—Texarkana 2003) (pro se inmate standard where diligent efforts may preclude dismissal)
Oliphant Fin., LLC v. Galaviz, 299 S.W.3d 829 (Tex. App.—Dallas 2009) (court may consider entire case history when evaluating diligence)
WMC Mortg. Corp. v. Starkey, 200 S.W.3d 749 (Tex. App.—Dallas 2006) (lack of diligence need not equal abandonment for dismissal to be proper)