Fourteenth Court Reverses Want-of-Prosecution Dismissal Where Contractor Awaited Whitney Certificate for Service on Secretary of State

The Fourteenth Court of Appeals reversed dismissal of an oilfield contractor's breach of contract and mineral lien foreclosure suit against Rise Petroleum Investments LLC, holding that Gulf Coast Lease Service's failure to timely move for default judgment was not intentional or the result of conscious indifference where the Secretary of State's delay in issuing the required Whitney certificate made filing impossible. The court applied Rule 165a(3)'s standard for reinstatement, finding that counsel's inability to obtain jurisdictional proof before the deadline negated intent or conscious indifference.