Real estate lawsuit question

[ExesSuck]

Texas. --- In a real estate lawsuit, once the respondent responds to the petitioner, is there a certain timeframe the petitioner has to follow through with the lawsuit?? If no, can the respondent do something to make it go into default beings the petitioner wont set a final court date?

 

[FlyingRon]

Well, he has a pretty indefinite time unless the respondent forces the issue by some motion. Whether it's a move to dismiss or something else depends just on what is going on.

 

[tranquility]

Texas. --- In a real estate lawsuit, once the respondent responds to the petitioner, is there a certain timeframe the petitioner has to follow through with the lawsuit?? If no, can the respondent do something to make it go into default beings the petitioner wont set a final court date?

In TX, they call it Dismissal for Want of Prosecution. (See Tex. R. Civ. P. 165a) Latigo may come and give you more.

 

[ExesSuck]

Thank you both. If they do a DWOP, can the petitioner come back again at a later time and try to pursue the same lawsuit.

 

[LdiJ]

Thank you both. If they do a DWOP, can the petitioner come back again at a later time and try to pursue the same lawsuit.

It depends on whether or not the case is dismissed with or without prejudice. If its dismissed with prejudice, its done for good. If its dismissed without prejudice, a new suit can be filed in the future. I really do not have any opinion as to whether a real estate case would likely be dismissed with or without prejudice. The details of the case would matter.

 

[tranquility]

Thank you both. If they do a DWOP, can the petitioner come back again at a later time and try to pursue the same lawsuit.

http://www.texas-opinions.com/law-DWOP-dismissal.html
http://www.dwop-and-default-cases-and-cures.blogspot.com/