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Wolfe v. Grant Prideco8/2/2001
court-ordered joint status report. Harris (Tex.) Civ. Dist. Ct. Loc. 3.6.
In the instant case, the trial court sent notice of its intent to dismiss for want of prosecution to the address of the attorney of record that was recorded in the Harris County District Clerk's Register of Attorneys, not to the address on the document of the attorney, Huston, who had filed the last pleading in the court. Gordon was the attorney of record and the rules do not require a clerk of a trial court to send notice to every attorney who may have filed a pleading in the court, unless that attorney is an attorney of record. See TEX. R. CIV. P. 165a (Vernon 2000).
Huston's statement that Gordon was not negligent in any respect is an apparent attempt by Huston to absolve Gordon of any responsibility because of Huston's failure to substitute in as attorney of record. Unfortunate as the facts in this case are, Huston's statement cannot enable the courts to circumvent the rules of procedure which we must follow.
Jackson B. Smith, Jr.
Publish. TEX. R. APP. P. 47.
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