If a case is dismissed for want of prosecution, is an order issued during the case also dismissed?

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If a case is dismissed for want of prosecution, is an order issued during the case also dismissed?

Asked on August 21, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking yes.... when the lawsuit ends then any temporary orders end that were associated with the lawsuit.  There are some limited exceptions.  First, the judge and the parties can sometimes agree that orders related to specific agreements survive.  These types of agreements are referred to as rule 11 agreements.  Even though "an order" may not be enforceable-- the agreement can be enforced if the parties intended for it to survive.   A second situation is when the dismissal is as to one party, but not another.  For example, if the plaintiff had already obtained a final summary judgment against one party-- then that judgment would stand regardless of a dismissal against another party.  They only way to know for sure is to look at the court's file, read the orders, and see who they apply to. 


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