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Case Information
Filed
2025-01-07
Status
Case is Closed
Type
Contract Other Contract
Docket
21 entries
Disposition
dismissed for want of prosecution
Parties
Plaintiff
Progressive County Mutual Insurance Company
Defendant
Branch, Carlos Wade
Judge
Hon. Eviction Trial (1:00 Pm) (judicial Officer Johnson, Randy)
Collin County (TX)
Texas
View Judge ProfileLawyers
Docket Entries
- Clerk Notes Case Closed by Order of Dismissal for Want of Prosecution on 05/22/2025
- Petition for Contract - Other Contract (OCA)
- Request for Issuance
- Request for Citation Pre Judgment
- Citation Branch, Carlos Wade Served 02/26/2025 Returned 03/05/2025
- E-Served through E-Filing Portal Envelope # 95985931
- Motion for Rule 106
- Order for Rule 106
- Affidavit of Service
- Private Process Server $75.00
- Notice of Hearing
- Motion to Retain
- Judge's Docket Entry Request to retain case is denied.
- Order Denied Order on Plaintiff's Motion to Retain Case on Docket Denied
- Dismissal for Want of Prosecution (1:00 PM) (Judicial Officer Johnson, Randy)
- Judge's Docket Entry Case called for DWOP/Dismissal Hearing. Plaintiff was represented by counsel/appearance counsel. Plaintiff failed to comply with DWOP/Dismissal notice or to provide satisfactory evidence of good cause or due diligence. Case dismissed.
- Motion to Reinstate
- Notice of Hearing
- Motion to Reinstate (1:00 PM) (Judicial Officer Johnson, Randy)
- Judge's Docket Entry Hearing on Plaintiff's Motion to Reinstate. Plaintiff represented by counsel. Plaintiff did not present any testimony or evidence at hearing to support reinstatement. Motion to reinstate is not credible and does not present facts or evidence to support reinstatement. Plaintiff's counsel at oruir DWIOP hearing was advised at the DWOP hearing that the court would consider reinstatement if a motion were to be timely filed with a motion for default judgment. This was not done. Plaintiff's motion for reinstatement is conclusory and misleading.Plaintiff's choice not to take appropriate action and to double down on prior lack of due diligence was intentional and shows a concious indifference to the Texas Rules of Civil Procedure, this court's orders and matters discussed at the DWOP hearing. Moreover, the conclusory allegations made in the Motion to Reinstate do not change, negate or rebut the fact that Plaintiff wholly failed to comply with the court's notice of DWOP/dismissal setting. Plaintiff's Motion to Reinstate is not well-taken, llacks merit and is DENIED.
- Notice of Nonsuit
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