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Click here for the full text of this decision FACTS:After four years and almost no activity in the case, the trial court dismissed Sandra Ealy Binner’s cause of action against Limestone County and Peoples Telephone Company Inc. Binner filed a motion to reinstate which the trial court denied. Binner’s only complaint is that she proved at the hearing on her motion to reinstate that her failure to appear for the dismissal docket was not intentional or the result of conscious indifference and thus the trial court erred in dismissing her suit. At the hearing, she did not address why she had not diligently prosecuted her suit in the four years before being placed on the dismissal docket. HOLDING:Affirmed. Binner’s issue relies entirely on the application of Rule 165a(3)’s standard for reinstatement and is based on the premise that the court erroneously dismissed the case under Texas Rule of Civil Procedure 165a(1). However, in this case, Rule 165a(3) does not provide the appropriate measure for determining whether the court should have reinstated the case. As several other courts of appeals have held, Rule 165a(3)’s standard for reinstatement only applies to cases dismissed for failure to appear under Rule 165a(1). E.g., Maida v. Fire Ins. Exchange, 990 S.W.2d 836 (Tex. App. � Fort Worth 1999, no pet.). The court agrees with those decisions. The standard set out in rule 165a(3) is essentially the same standard as that for setting aside a default judgment. It does not, the court states, easily lend itself to determining whether a party failed to diligently prosecute a case dismissed under a court’s inherent authority or whether a party failed to dispose of the case within the Supreme Court’s time standards for disposition. Rule 165a(2). The motion to reinstate is the failsafe to prevent cases that fall into any of the three categories from being improperly dismissed. It essentially provides an opportunity for the dismissed plaintiff to explain the failure to appear at any hearing, if applicable, the failure to prosecute the case with due diligence, and to request the court to reconsider its decision to dismiss, in much the same manner as a motion for a new trial. But Rule 165a(3)’s reinstatement standard, “conscious indifference,” only applies to cases dismissed for failure to appear. In this case, the court’s notice required Binner to show more. It required a showing of good cause as to why these causes should not be dismissed. This notice of dismissal is fundamentally different from the notice discussed in Villarreal v. San Antonio Truck & Equip., 994 S.W.2d 628 (Tex. 1999). The only showing Binner has made is a showing of why she was not present at the dismissal docket. The court agrees she established that her failure to appear at the Dec. 27, 2001, dismissal docket hearing was not intentional or the result of conscious indifference. This is not enough. Binner failed to address the other reasons of which she had received notice of the intent to dismiss her suit, that is, failure to diligently prosecute her suit or failure to prosecute her suit within the time period required by Rule 165a(2). The notice was adequate to make her aware of the need to show the court “good cause” why her suit should not be dismissed for either of these reasons. OPINION:Gray, C.J.; Gray, C.J., Vance and Reyna, JJ.

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