Reinstated.

The Fifth Court found an abuse of discretion by not reinstating a case after a DWOP, (a matter evaluated under the same standard as “conscious indifference” under Craddock), stating:

The record of the hearing on the motion to reinstate shows the Weldas’ counsel relied on the trial court’s statement at a pretrial hearing that “you probably won’t get reached” on the day of trial to explain his failure to appear at the October 6 trial. Thus, counsel’s testimony established he mistakenly believed that trial would not proceed on October 6 and thus failed to appear for trial. When an explanation is reasonable, as we have here, a trial court abuses its discretion in failing to reinstate. Under these circumstances, we conclude the trial court abused its discretion in allowing the Weldas’ motion to reinstate to be overruled by operation of law.

Welda v. Mangavalli, No. 05-21-00145-CV (March 23, 2023) (mem. op.).