Midway Hospitality, L.P. v. Berryhill Hot Tamales Corp.
14-23-00790-CV
| Tex. App. | Aug 27, 2024Background
- Midway Hospitality, L.P. (Midway) sued Berryhill Hot Tamales Corp. (Berryhill) and served them on January 31, 2021.
- Berryhill filed an answer and counterclaim on February 18, 2022.
- The trial court set a dismissal docket for July 28, 2022, with a notice that failure to comply could result in dismissal for want of prosecution under Texas Rule of Civil Procedure 165a.
- Midway filed requests for a bench trial before the stated deadline.
- The trial court dismissed the case for want of prosecution on July 29, 2022, and denied Midway's motion to reinstate.
- On appeal, Midway contested the dismissal, asserting compliance with the court's requirements and inadequate notice of alternative grounds for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dismissal for want of prosecution under Rule 165a | Midway complied by filing requests before deadline | Berryhill argued dismissal was also proper under court’s inherent power | Inadequate notice of inherent authority dismissal; reversal required |
| Adequacy of notice for dismissal under court’s inherent authority | No notice that dismissal under inherent authority was possible | Dismissal included inherent authority as a basis | Notice only referenced Rule 165a; reversal required |
Key Cases Cited
- Villareal v. San Antonio Truck & Equip., 994 S.W.2d 628 (Tex. 1999) (adequate notice required for dismissal under court's inherent power)
- Gamboa v. Alecio, 604 S.W.3d 513 (Tex. App.—Houston [14th Dist.] 2020) (trial court may dismiss under Rule 165a or its inherent authority)
- Jimenez v. Transwestern Prop. Co., 999 S.W.2d 125 (Tex. App.—Houston [14th Dist.] 1999) (abuse of discretion standard for dismissals for want of prosecution)