Court of Appeals of Texas, Eighth District, El Paso
WILLIAM D. ABRAHAM, Appellant,
RON ACTON, DEBBIE ACTON, and AARK INVESTMENTS, L.P., Appellees.
from the 243rd District Court of El Paso County, Texas (TC#
McClure, C.J., Rodriguez, and Palafox, JJ.
T. RODRIGUEZ, Justice
D. Abraham appeals the trial court's order denying his
verified motion to reinstate a lawsuit that was dismissed for
want of prosecution. Among Abraham's complaints on appeal
is his contention that the trial court committed reversible
error by failing to grant him an oral hearing that he
requested before dismissing the suit.
point, we agree with Abraham. We reverse and remand for
appeal arises out of title litigation related to a house
located on 925 Broadmoor in El Paso County. In brief,
Appellant Abraham contends that he holds title to the
Broadmoor house by virtue of a September 2001 warranty deed
with vendor's lien transferred to him by Dr. Ghulam
Murtaza. AARK Investments, L.P., asserts title to the
Broadmoor house by virtue of a deed from Ron Acton, who
purportedly foreclosed on the house which was listed as an
asset in the Estate of Joseph "Sib" Abraham-the
father of Appellant William Abraham.
anticipation of foreclosure proceedings on the Broadmoor
house, William Abraham filed suit for a temporary restraining
order in Cause No. 2015-DCV3948 (the First Suit). Abraham
later dropped the First Suit on February 25, 2016, after
purportedly reaching a contractual agreement to acquire the
Broadmoor house from Ron Acton. Abraham alleges that Acton
then sold the Broadmoor house to AARK Investments, L.P. on
March 28, 2016.
the purported sale of the Broadmoor house, Abraham again
filed suit on June 1, 2016, in Cause No. 2016DCV2081, this
time for breach of contract and trespass to try to title (the
Second Suit). The case was initially assigned to the 448th
District Court; however, the 448th District Court ultimately
transferred the case to the 243rd District Court.
28, 2016, Abraham's attorney Joseph Vasquez file a motion
to withdraw, citing a conflict of interest. The trial court
did not immediately rule on the motion to withdraw. Later,
Abraham filed a motion to transfer the Second Suit back to
the 448th District Court. The 243rd District Court denied
Abraham's motion to transfer on August 11, 2016.
ruling on counsel's motion to withdraw, the trial court
set the case for a dismissal for want of prosecution (DWOP)
hearing on September 22, 2016. On September 22, 2016, the
trial court dismissed the case for want of prosecution.
October 12, 2016, Abraham filed his Plaintiff's Motion to
Reinstate After Dismissal Without Prejudice. On October 21,
Abraham filed a written request for a hearing on his motion
to reinstate. On December 21, 2016, Abraham filed a notice of
appeal challenging the order dismissing his case for want of
advances two issues on appeal. In Issue One, Abraham
maintains that the 243rd District Court abused its discretion
by refusing to transfer the Second Suit back to the 448th
District Court. In Issue Two, Abraham argues that the trial
court impermissibly dismissed the Second Suit for want of