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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111504
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was sued about 4 years ago. I am a financial broker

Customer Question

I was sued about 4 years ago. I am a financial broker and the lady sued me because i gave her paperwork to complete. She completed the paperwork incorrectly incorrectly and the financial companies refused to give her her money. She was not my client. I was deposed three years ago. Nothing has happened since I was deposed. How long can this lawsuit drag on? How can I get it dismissed? Chris XXXXXX, XXXXXXXXXXXXXXXX, XXX XXX XXXX
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Is just answer a rip off? I was told my question was answered but I can't find the answer. All I get is people asking me for more money.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry for the delay in someone responding to your question, but the experts of this site are not employees of the site so we have no control over what the site tells customers. Experts are trying to work with numerous customers so there may be delays in getting a reply and I am sorry if you were led to believe otherwise, but I assure you we are not "a rip off."
A trial court is authorized to dismiss a case for want of prosecution by rule of civil procedure 165a and by
exercise of its inherent power to manage its docket. See: Villarreal v. San Antonio Truck & Equip., 994 S.W.2d 628, 630 (Tex. 1999). A trial court may dismiss a case under rule 165a on "failure of any party seeking
affirmative relief to appear for any hearing or trial of which the party had notice" or when a case is "not
disposed of within the time standards promulgated" by the supreme court. Tex. R. Civ. P. 165a(1)(requiring judges to ensure, so far as reasonably possible, that civil nonjury cases are brought to trial or final disposition within twelve months from appearance date, and that civil jury cases are brought to trial or final disposition within eighteen months from appearance date).
So, if there has been no action on this case for 12-18 months, then you need the attorney representing you to file a motion to dismiss for want of prosecution of the case and the court will do so if it finds the failure to continue to pursue the case was intentional or the result of conscious indifference." See: Tex. R. Civ. P. 165a(3).