This question has been addressed in 1 Texas court opinion:
COA13 — January 29, 2026
In a contract dispute that lasted over eleven years, the defendant moved for dismissal for want of prosecution after a 46-month period of total inactivity by the plaintiff. The trial court denied the motion, but the Thirteenth Court of Appeals conditionally granted mandamus relief. The appellate court analyzed Texas Rule of Civil Procedure 165a and the court's inherent power, determining that the burden to prosecute a case rests solely on the plaintiff. The court held that the trial court abused its discretion because the plaintiff failed to show good cause for the extensive delays, and the COVID-19 pandemic did not justify a nearly four-year lapse in activity.
Litigation Takeaway
“Don't let 'zombie' litigation linger; if an opposing party files a suit to secure temporary orders and then abandons the case for years, you can force a dismissal. The duty to move a case forward belongs entirely to the person who filed it, and even significant events like the COVID-19 pandemic do not excuse years of total inactivity.”