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Lynda's Boutique v. Alexander

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ON MOTION FOR REHEARING

After our original opinion was delivered reversing the trial court’s judgment, George Alexander d/b/a Zentner’s Daughter Steakhouse moved to supplement the record and moved for a rehearing. The motion to supplement the record was granted. We have now considered the record as supplemented, withdraw our original opinion and judgment issued July 26, 2001, and substitute the following opinion.

Appellant Lynda’s Boutique filed this restricted appeal, challenging a trial court order that dismissed its claim against appellee George Alexander d/b/a Zentner’s Daughter Steakhouse (“Alexander”) for want of prosecution. See Tex. R. App. P. 30. By one issue, appellant contends it did not get notice of the trial court’s intent to dismiss the suit; the trial court did not hold a hearing on the dismissal; and appellant did not receive notice of the dismissal order. We will reverse the order of dismissal and remand the cause to the trial court.

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