Court of Appeals of Texas April 30, 1998, No. 13-97-275-CV (Fonseca v. Barth)

OPINION

RODRIGUEZ, Justice.

This is an appeal from a dismissal for want of prosecution. During oral argument, counsel for appellees informed the Court they had discovered two Texas Supreme Court cases,1 not cited by any party, that clearly established the merits of Fonseca’s third point of *815error, and that the case should be reversed and remanded.

Rule 3.