Rampart Capital Corporation , Petitioner

Bonnie L. Abke, Respondent

Justice Hecht, joined by Justice Owen, dissenting from the denial of the petition for review.

I respectfully dissent from the Court's denial of the petition for review. This is a suit on a promissory note against a limited partner in circumstances described in Rampart Capital Corporation v. Maguire , 974 S.W.2d 195 (Tex. App.--San Antonio 1998, pet. denied). In an unpublished opinion essentially identical to its opinion in Maguire , a divided court of appeals affirmed the trial court's dismissal of the action for want of prosecution. As in Maguire , I would grant Rampart's petition, reverse the judgment of the court of appeals, and remand the case for further proceedings. Rampart Capital Corp. v. Maguire , ___ S.W.2d ___ (Tex. 1999) (Hecht, J., dissenting).

Nathan L. Hecht

Justice

Opinion delivered: July 1, 1999