In Boss Exotics, LLC v. Chappell, the Dallas Court of Appeals reversed a dismissal for want of prosecution following a restricted appeal, holding:

• There was no failure to appear at a hearing or trial setting under Rule Tex. R. Civ. P. 165a(1);
• The case had not exceeded any applicable time standards under Rule 165a(2); and
• The trial court “did not provide an opportunity to be heard on the dismissal” before signing it.

The panel also held that any reliance on the court’s inherent authority to dismiss could not save the order, because the trial court “provided no notice of an intent to dismiss under its inherent authority” either. No. 05-24-00428-CV (June 1, 2026).

The plaintiff in Vallejo v. Helge, faced with a dismissal for want of prosecution, timely filed a motion to reinstate and then obtained a default judgment.

So far so good. But the defendant appealed, and the Fifth Court noted that the motion to reinstate was not verified–a requirement of the relevant rule and supreme court precedent. The motion was thus ineffective, which meant that the Court had to then “vacate the void judgment and dismiss the appeal.” No. 05-23-00573-CV (Nov. 15, 2023) (mem. op.).