movant must request hearing (Texas) · Go Syfert
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movant must request hearing in Texas

16 Texas opinions name it 3 courts 1982–2018 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Cabrera v. Cedarapids Inc.green
texapp · 1992 · cited in 10 Texas opinions naming this issue, 2002–2018
2 sentences

2018See Keough v. Cyrus U.S.A., Inc., 204 S.W.3d 1 , 6 n.3 (Tex. App.--Houston [14th Dist.] 2006, pet. denied) (noting that before trial court error can be found in the failure to set a hearing on a motion to reinstate, the movant must request a hearing); Cabrera v. Cedarapids, Inc., 834 S.W.2d 615, 618 (Tex. App.--Houston [14th Dist.] 1992, writ denied) (same); but see Matheson v. Am.

2013See Weir v. Abebe Baralci, No. 05-07-00223-CV, 2008 WL 588917 , at *1 (Tex.App.-Dallas Mar. 5, 2008, no pet.) (mem. op.) (single line in motion to reinstate asking for hearing was not sufficient to alert trial court that motion needed to be set for oral hearing; therefore, error not shown); Keough v. Cyrus USA, Inc., 204 S.W.3d 1 , 6 n. 3 (Tex.App.-Houston [14th Dist.] 2006, pet. denied) (“Before trial court error can be found in the failure to set a hearing on a motion to reinstate, the movant must request a hearing.”); Johnson v. Sepulveda, 178 S.W.3d 117, 119 (Tex.App.-Houston [14th Dist.]

910
Rainbow Home Health, Inc. v. Schmidtgreen
texapp · 2002 · cited in 4 Texas opinions naming this issue, 2005–2013
2 sentences

2013See Weir v. Abebe Baralci, No. 05-07-00223-CV, 2008 WL 588917 , at *1 (Tex.App.-Dallas Mar. 5, 2008, no pet.) (mem. op.) (single line in motion to reinstate asking for hearing was not sufficient to alert trial court that motion needed to be set for oral hearing; therefore, error not shown); Keough v. Cyrus USA, Inc., 204 S.W.3d 1 , 6 n. 3 (Tex.App.-Houston [14th Dist.] 2006, pet. denied) (“Before trial court error can be found in the failure to set a hearing on a motion to reinstate, the movant must request a hearing.”); Johnson v. Sepulveda, 178 S.W.3d 117, 119 (Tex.App.-Houston [14th Dist.]

2013See Weir v. Abebe Baraki, No. 05-07-00223-CV, 2008 WL 588917 , at *1 (Tex. App.—Dallas Mar. 5, 2008, no pet.) (mem. op.) (single line in motion to reinstate asking for hearing was not sufficient to alert trial court that motion needed to be set for oral hearing; therefore, error not shown); Keough v. Cyrus USA, Inc., 204 S.W.3d 1 , 6 n.3 (Tex. App.—Houston [14th Dist.] 2006, pet. denied) (“Before trial court error can be found in the failure to set a hearing on a motion to reinstate, the movant must request a hearing.”); Johnson v. Sepulveda, 178 S.W.3d 117, 119 (Tex. App.—Houston [14th Dist.]

44
Keough v. Cyrus USA, Inc.green
texapp · 2006 · cited in 5 Texas opinions naming this issue, 2009–2018
2 sentences

2018See Keough v. Cyrus U.S.A., Inc., 204 S.W.3d 1 , 6 n.3 (Tex. App.--Houston [14th Dist.] 2006, pet. denied) (noting that before trial court error can be found in the failure to set a hearing on a motion to reinstate, the movant must request a hearing); Cabrera v. Cedarapids, Inc., 834 S.W.2d 615, 618 (Tex. App.--Houston [14th Dist.] 1992, writ denied) (same); but see Matheson v. Am.

2013See Weir v. Abebe Baralci, No. 05-07-00223-CV, 2008 WL 588917 , at *1 (Tex.App.-Dallas Mar. 5, 2008, no pet.) (mem. op.) (single line in motion to reinstate asking for hearing was not sufficient to alert trial court that motion needed to be set for oral hearing; therefore, error not shown); Keough v. Cyrus USA, Inc., 204 S.W.3d 1 , 6 n. 3 (Tex.App.-Houston [14th Dist.] 2006, pet. denied) (“Before trial court error can be found in the failure to set a hearing on a motion to reinstate, the movant must request a hearing.”); Johnson v. Sepulveda, 178 S.W.3d 117, 119 (Tex.App.-Houston [14th Dist.]

35
Stromberg Carlson Leasing Corp. v. Central Welding Supply Co.green
texapp · 1988 · cited in 3 Texas opinions naming this issue, 1992–2013
2 sentences

2013See Weir v. Abebe Baralci, No. 05-07-00223-CV, 2008 WL 588917 , at *1 (Tex.App.-Dallas Mar. 5, 2008, no pet.) (mem. op.) (single line in motion to reinstate asking for hearing was not sufficient to alert trial court that motion needed to be set for oral hearing; therefore, error not shown); Keough v. Cyrus USA, Inc., 204 S.W.3d 1 , 6 n. 3 (Tex.App.-Houston [14th Dist.] 2006, pet. denied) (“Before trial court error can be found in the failure to set a hearing on a motion to reinstate, the movant must request a hearing.”); Johnson v. Sepulveda, 178 S.W.3d 117, 119 (Tex.App.-Houston [14th Dist.]

2013See Weir v. Abebe Baraki, No. 05-07-00223-CV, 2008 WL 588917 , at *1 (Tex. App.—Dallas Mar. 5, 2008, no pet.) (mem. op.) (single line in motion to reinstate asking for hearing was not sufficient to alert trial court that motion needed to be set for oral hearing; therefore, error not shown); Keough v. Cyrus USA, Inc., 204 S.W.3d 1 , 6 n.3 (Tex. App.—Houston [14th Dist.] 2006, pet. denied) (“Before trial court error can be found in the failure to set a hearing on a motion to reinstate, the movant must request a hearing.”); Johnson v. Sepulveda, 178 S.W.3d 117, 119 (Tex. App.—Houston [14th Dist.]

33
Matheson v. American Carbonicsgreen
texapp · 1993 · cited in 2 Texas opinions naming this issue, 2009–2018
2 sentences

2018Carbonics, 867 S.W.2d 146, 147-48 (Tex. App.-- Texarkana 1993, no writ) ("[T]he court is required to conduct a hearing on a timely filed motion to reinstate.

2009Carbonics , 867 S.W.2d 146, 147-48 (Tex. App.-Texarkana 1993, no writ) ("[T]he court is required to conduct a hearing on a timely filed motion to reinstate.

22
Johnson v. Sepulvedagreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2013–2013
2 sentences

2013See Weir v. Abebe Baralci, No. 05-07-00223-CV, 2008 WL 588917 , at *1 (Tex.App.-Dallas Mar. 5, 2008, no pet.) (mem. op.) (single line in motion to reinstate asking for hearing was not sufficient to alert trial court that motion needed to be set for oral hearing; therefore, error not shown); Keough v. Cyrus USA, Inc., 204 S.W.3d 1 , 6 n. 3 (Tex.App.-Houston [14th Dist.] 2006, pet. denied) (“Before trial court error can be found in the failure to set a hearing on a motion to reinstate, the movant must request a hearing.”); Johnson v. Sepulveda, 178 S.W.3d 117, 119 (Tex.App.-Houston [14th Dist.]

2013See Weir v. Abebe Baraki, No. 05-07-00223-CV, 2008 WL 588917 , at *1 (Tex. App.—Dallas Mar. 5, 2008, no pet.) (mem. op.) (single line in motion to reinstate asking for hearing was not sufficient to alert trial court that motion needed to be set for oral hearing; therefore, error not shown); Keough v. Cyrus USA, Inc., 204 S.W.3d 1 , 6 n.3 (Tex. App.—Houston [14th Dist.] 2006, pet. denied) (“Before trial court error can be found in the failure to set a hearing on a motion to reinstate, the movant must request a hearing.”); Johnson v. Sepulveda, 178 S.W.3d 117, 119 (Tex. App.—Houston [14th Dist.]

22
Smith v. McKeegreen
texapp · 2004 · cited in 2 Texas opinions naming this issue, 2005–2005
2 sentences

2005“Clearly before trial court error can be found in the failure to set a hearing on a motion to reinstate the movant must request a hearing.” Cabrera v. Cedarapids Inc., 834 S.W.2d 615, 618-19 (Tex.App.Houston [14th Dist.] 1992, writ denied) (stating that a party may not lead a trial court into error and then complain about it on appeal); see Rainbow Home Health, Inc. v. Schmidt, 76 S.W.3d 53, 57 (Tex. App.-San Antonio 2002, pet. denied) (holding trial court did not err in failing to conduct a hearing on motion for reinstatement when appellants failed to call to the trial court’s attention the n

2005A Clearly before trial court error can be found in the failure to set a hearing on a motion to reinstate the movant must request a hearing. @ Cabrera v. Cedarapids Inc. , 834 S.W.2d 615 , 618 B 19 (Tex. App. C Houston [14th Dist.] 1992, writ denied) (stating that a party may not lead a trial court into error and then complain about it on appeal); see Rainbow Home Health, Inc. v. Schmidt , 76 S.W.3d 53, 57 (Tex. App. C San Antonio 2002, pet. denied) (holding trial court did not err in failing to conduct a hearing on motion for reinstatement when appellants failed to call to the trial court = s

22
Rios v. Texas Bankgreen
texapp · 1997 · cited in 2 Texas opinions naming this issue, 2009–2016
2 sentences

2016Monk v. Westgate Homeowners’ Ass’n, Inc., No. 14-07-00886-CV, 2009 WL 2998985 , at *3 (Tex. App.—Houston [14th Dist.] 2009, no pet.) (mem. op.); Rios v. Tex. Bank, 948 S.W.2d 30 , 33 n.4 (Tex. App.—Houston [14th Dist.] 1997, no writ).

2009See Rios v. Tex. Bank , 948 S.W.2d 30 , 33 n.4 (Tex. App. C Houston [14th Dist.] 1997, no pet.).

12
In Re Hearngreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See id. (stating that relator attempted to bring his motions to the trial court’s attention by filing a letter with the district clerk “asking that she bring his motions to the attention of the trial court and request the court to rule”).

11
Pace v. Huebnergreen
texapp · 1980 · cited in 1 Texas opinions naming this issue, 1982–1982
2 sentences

1982Pace v. Huebner, 610 S.W.2d 561, 562 (Tex.Civ.App.—Eastland 1980, writ ref’d n.r.e.).

1982Pace v. Huebner, 610 S.W.2d 561, 562 (Tex.Civ.App. —Eastland 1980, writ ref'd n.r.e.).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Solomon v. Parkside Medical Services Corp. green
texapp · 1994
1 sentence

2010Corp. , 882 S.W.2d 492–93 (Tex. App.—Houston [1st Dist.] 1993, writ denied); see also Keough , 204 S.W.3d at 6 n.3 (“ Before trial court error can be found in the failure to set a hearing on a motion to reinstate, the movant must request a hearing.”).

12010–2010
Calaway v. Gardner green
texapp · 1975
1 sentence

1992Calaway v. Gardner, 525 S.W.2d 262 (Tex.App.—Houston [14th Dist.] 1975, no writ); Stromberg Carlson Leasing Corp. v. Central Welding Supply Co., 750 S.W.2d 862, 867 (Tex.App.—Houston [14th *619 Dist.] 1988, no writ); NASA 1 Business Center v. American Int’l Ins.

11992–1992

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