Macgregor v. Rich

In this case, we consider whether the court of appeals erred by reversing a trial court's order of dismissal for want of prosecution and for violation of a local rule. We hold that it did. Accordingly, we reverse the judgment of the court of appeals and affirm the trial court's order. This appeal arises from a dismissal after the plaintiffs, Jack Rich, John Kipp, and William Kipp, did not appear at a hearing on a motion to transfer venue. The trial court's order indicates that three kinds of conduct precipitated the dismissal: (1) counsel's failure to appear at the venue hearing; (2) the plaintiffs' failure to give proper notice of their bankruptcy proceedings and discharges, in violation of El Paso Local Rule 3.10; and (3) a ten-year delay in the prosecution of Rich's and the Kipps' claims.