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Shamsher Medih Chisti v. Sana Chisti AKA Kiran Wilwerding
Citation: Not availableDocket: 01-13-00780-CV
Court: Court of Appeals of Texas; March 2, 2015; Texas; State Appellate Court
Original Court Document: View Document
Shamsher Medih Chisti appealed the dismissal of his bill of review to set aside a divorce decree, contending that the trial court failed to provide adequate notice regarding the dismissal due to non-payment of filing fees. The trial court had previously sustained a contest against his affidavit of inability to pay, leading to a requirement for Shamsher to pay fees by June 7, 2013. After he failed to do so, the court dismissed the case on June 10. Shamsher later filed a verified motion to reinstate the case, claiming he did not receive notice of the impending dismissal, which the court did not set for a hearing. The court’s dismissal was deemed an abuse of discretion as it did not comply with Texas Rule of Civil Procedure 165a, which mandates that a hearing on a motion to reinstate should be scheduled when requested. The court determined that failure to provide proper notice regarding the dismissal hearing invalidated the dismissal, thus reversing and remanding the case for further proceedings. There was no appellee's brief as Sana Chisti had not been served. A court cannot dismiss a case without providing notice and an opportunity for the party to be heard. The absence of adequate notice regarding the court's intent to dismiss for lack of prosecution necessitates reversal. An appellant waives due process rights if they do not file for reinstatement after being given an opportunity. In this case, Shamsher was not notified of the court's intent to dismiss his case for want of prosecution and only received a vague notification about a hearing and a denial of his pauper’s oath. He did not receive information about the dismissal’s conditions, such as the requirement to pay court costs by a specific date. After the dismissal, Shamsher timely filed a motion to reinstate within 30 days, citing the lack of prior notice. The court did not conduct a hearing on this motion. As Shamsher's motion indicated he had not been adequately informed of the dismissal proceedings, he maintained his due process rights. The failure to notify him of the dismissal intent constituted reversible error, leading to the decision to reverse the trial court’s dismissal and remand the case for further proceedings.