When a party who files a lawsuit unreasonably delays moving the lawsuit toward a resolution (delays prosecution of the case), it is presumed the case has been abandoned, and the court may dismiss the lawsuit for want of prosecution. Such a dismissal for want of prosecution is commonly referred to as a DWOP. A party may ask the court to dismiss a case for want of prosecution, or the judge may do so without a request from a party (sua sponte).
In Texas, if a party who has filed a lawsuit fails to actively pursue the case, it may be presumed that the case has been abandoned. This can lead to the court dismissing the lawsuit for want of prosecution, often abbreviated as DWOP. Both the opposing party and the court have the authority to address such inactivity. An opposing party may file a motion to dismiss the case for want of prosecution, citing the unreasonable delay. Alternatively, a judge has the power to dismiss a case sua sponte, which means on their own initiative, without a motion from either party. This serves as a procedural mechanism to clear the court's docket of cases that are not being actively litigated, ensuring judicial efficiency and the timely administration of justice.
