The Integrity Group, Inc. v. Medina County Commissioners Court--Appeal from 38th Judicial District Court of Medina County

MEMORANDUM OPINION
No. 04-06-00617-CV
THE INTEGRITY GROUP, INC.,
Appellant
v.
MEDINA COUNTY COMMISSIONERS' COURT,
Appellee
From the 38th Judicial District Court, Medina County, Texas
Trial Court No. 95-06-13409-CV-A
Honorable Mickey R. Pennington, Judge Presiding

Opinion by: Alma L. L pez, Chief Justice

 

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

 

Delivered and Filed: March 7, 2007

 

REVERSED AND REMANDED

 

The Integrity Group, Inc. appeals the trial court's order dismissing the underlying cause for want of prosecution, asserting that it was not given notice by the trial court of the trial setting. A party must be provided with notice and an opportunity to be heard before a court may dismiss a case for want of prosecution. Villarreal v. San Antonio Truck & Equipment, 994 S.W.2d 628, 630 (Tex. 1999); Texas Sting, Ltd. v. R.B. Foods, Inc., 82 S.W.3d 644, 648 (Tex. App.--San Antonio 2002, pet. denied). The failure to provide adequate notice of the trial court's intent to dismiss for want of prosecution requires reversal. Villarreal, 994 S.W.2d at 630.

The Integrity Group, Inc. filed a verified motion to reinstate with proof that it did not receive notice from the trial court. Medina County Commissioners' Court filed a response asserting that it also did not receive notice. Medina County Commissioners' Court also stated in its response that the motion to reinstate had merit and should be granted. The trial court did not conduct a hearing or rule on the motion.

In its brief filed in this court, Medina County Commissioners' Court agrees that a reversal is necessary if The Integrity Group, Inc. timely filed the appeal. Medina County Commissioners' Court notes that the notice of appeal was file-stamped on the day after the deadline for filing the notice of appeal; however, our record contains the post-marked envelope in which the notice of appeal was mailed to this court which is proof that the notice of appeal was timely filed pursuant to the mailbox rule. See Tex. R. App. P. 9.2, 25.1(a); Tex. R. Civ. P. 5.

The trial court's order is reversed, and the cause is remanded to the trial court for further proceedings.

Alma L. L pez, Chief Justice