dissenting.
I respectfully dissent. The standard of review in this case is abuse of discretion. We do not review the record to determine whether we believe good cause existed to maintain the case, but to determine whether the trial court abused its discretion in dismissing the case. The trial court abuses its discretion if it acted without reference to any guiding rules and principles or when the trial court’s action was arbitrary or unreasonable. See Koslow’s v. Mackie, 796 S.W.2d 700, 704 (Tex.1990).
The Texas Supreme Court’s time guidelines provide a prima facie standard for the length of time considered unreasonable in disposing of a case. Hosey v. County of Victoria, 832 S.W.2d 701, 704 (Tex.App.-Corpus Christi 1992, no writ). The Texas Supreme Court has deemed eight months to be a reasonable time period for disposing of a contested divorce case. However, recognizing that extraordinary cases do exist, the Rules of Procedure also provide the trial court may maintain cases on the docket after the time standards have been exceeded if there is good cause to do so. Tex.R. Civ. P. 165a(l).
Joseph offered the trial court no explanation for the delay in the disposition of his case and failed, on appeal, to offer any explanation for why it would be reasonable for the disposition of his divorce to exceed the time standards set by the Texas Supreme Court. However, the trial court may consider the entire history of the case in determining whether good cause exists to maintain the case on the docket. See *876King v. Holland, 884 S.W.2d 231, 237 (Tex.App.-Corpus Christi 1994, writ denied).
On the face of the record, there was nothing to indicate the facts of this divorce warranted exceeding the Texas Supreme Court time guidelines. The one fact, about which the court had notice, that may have indicated a need for additional time in prosecuting the action would have been Joseph’s confinement. However, the record does not reflect any attempt by Joseph to take action on his case that was hindered by his incarceration.
The record reflects Joseph filed his petition, filed a letter with the clerk soon after informing the court of his incarceration, and stated that the divorce decree should be issued in absentia, filed another letter almost a year later requesting the court to expedite the disposition of his cause, and finally filed a waiver of citation after being notified of the trial court’s intention to dismiss. There was no evidence of any other activity taken by Joseph or Jacklyn other than her original answer, counterclaim, and waiver of citation.
The majority reasoned that good cause existed to maintain the case on the docket because the trial court has the power to set a case for trial on its own motion because Joseph sent a letter requesting the trial court to expedite his divorce and because both parties filed a waiver of citation — Jacklyn filing her waiver after the case had been dismissed, but while the court still had plenary power over the case. See Tex.R. Jud. Admin. 6, repñnted in Tex. Gov’t Code Ann., tit. 2, subtit. F app. (Vernon 1998); Tex.R. Crv. P. 245.
Jacklyn’s waiver of citation, waiving the right to the required form of notice, did not affect her general denial, which was sufficient to put all matters pleaded by the adverse party, which were not required to be denied under oath, at issue. Tex.R. Crv. P. 92. Joseph, as petitioner, was required to provide proof to support the allegations contained in his petition, including the matter of property division. See Tex. Fam.Code Ann. § 6.701 (Vernon 1998); O’Neal v. O’Neal, 69 S.W.3d 347, 349 (Tex.App.-Eastland 2002, no pet. h.). Jacklyn also filed a counterclaim with her general denial, specifically requesting the court make an equitable division of the parties’ estate. As petitioner of her counterclaim, Jacklyn was also required to provide proof of her allegations, including the issue of property division, and failed to take any action to further the cause such as requesting the trial court to appoint an auditor, requesting a trial setting, or providing the trial court with affidavits, an agreed judgment, or stipulated facts from which the trial court could determine an equitable division of property.
The majority characterized Joseph’s letter, filed June 29, 2001, requesting the case be expedited, as a request for a trial setting. However, Joseph never requested a trial setting. Joseph’s letters were antithetical to a request for a trial setting, suggesting that Joseph did not intend to request any settings and, in his first letter, instructing the court to grant the divorce in absentia.
Joseph’s first letter could have been interpreted as requesting the trial court to issue a bench warrant to allow Joseph to personally appear if the court found his personal appearance extremely necessary, but the trial court may have determined his personal appearance was not necessary, as there were several ways in which Joseph could have resolved the issues, such as submitting affidavits, an agreed judgment, or stipulated facts to the trial court from which it could determine the division of property. Joseph did not attempt to avail himself of any method available to him to resolve the property issue, and by his correspondence indicated his *877understanding that the trial court could dispose of the issue ■without any further action from him.
Further, while Texas Rule of Civil Procedure 245 provides that the trial court may, on the court’s own motion and with reasonable notice to the parties, set contested cases for trial, it does not require that the court do so whenever litigants fail to make a request. See Tex.R. Civ. P. 245. The trial court’s failure to set the case for trial without a motion by a party for a setting was not unreasonable.
The trial court did not abuse its discretion in not finding good cause to maintain the case on the docket or in dismissing the case in accordance with the Texas Supreme Court’s guidelines.