George Levit v. Kaylon Adams

In this bill of review proceeding we are called upon to clarify the meaning and operation of Rule 306a(4) of the Texas Rules of Civil Procedure. The court of appeals affirmed a summary judgment against Petitioner George Levit on the ground that in the underlying suit he had failed to pursue a legal remedy available to him under Rule 306a(4): the filing of a motion to reinstate after he learned on the 91st day following dismissal that his case had been dismissed for want of prosecution. 841 S.W.2d 478. Because we conclude that such a motion would not have been timely under Rule 306a(4), and Levit therefore had no available legal remedy, we reverse.