dissenting.
Finding myself in disagreement with the other members of the court, I would like to record my respectful dissent. I agree with appellant’s contention in his first point of error that the trial court committed an abuse of discretion in granting appellee’s motion to dismiss for want of prosecution.
I fully recognize that appellant’s prosecution of his claim was far from exemplary. As stated in the majority opinion, from the initial filing of his suit, appellant expended a minimal amount of effort and on several occasions his actions could be characterized as dilatory. However, when appellant received the clerk’s notification of dismissal in February 1984, he became considerably more active in the pursuit of his claim. He secured new counsel and appeared before the court several different times for various hearings. On June 12, apparently ap-pellee’s attorney filed a joint motion for preferential trial setting.1 On June 13, appellant had issued several subpoenas for witnesses and documents. This cause was placed on the “try or dismiss” docket and when it was called for trial on June 25, appellant announced he was ready to proceed. While the record clearly indicates appellant exercised a minimum of diligence, I feel the trial court abused its discretion in choosing to dismiss the cause at the point when the case was called to trial. See Moore v. Armour & Co., Inc., 660 S.W.2d 577, 578 (Tex.App. — Amarillo 1983, no writ). The appellant had announced he was ready and able to try his case in response to the court’s calling the case. The record reflects he had taken steps over the past six-month period to prepare for trial. Given these circumstances, the court’s action in denying appellant a trial on the merits was unjust and an abuse of discretion. See Wm. T. Jarvis Co., Inc. v. WesTex Grain Co., 548 S.W.2d 775, 778 (Tex.Civ.App. — Waco 1977, writ ref’d n.r.e.). I would reverse the judgment of the trial court and remand for trial.
APPENDIX A
No. 79-45523
IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS 129TH JUDICIAL DISTRICT JOINT MOTION FOR PREFERENTIAL SETTING COME NOW Nabeel H. El-Romman, defendant, and Fred B. Sustala, Jr., plaintiff, *168in the above-styled and numbered cause, and files this their motion for preferential setting, in support whereof they would respectfully show unto this court as follows:
I.
The cause recently was assigned to trial beginning June 4, 1984 under Rule 245, Texas Rules of Civil Procedure, and Local Rule 2A(1). Counsel for the parties recently were notified that they should be ready to proceed to trial during the week of June 11, 1984. Counsel further were advised that the judge in whose court this matter would be tried was, as of June 11, still trying his non-jury cases, at the conclusion of which he would begin trying cases on the jury docket. The clerk further advised that this cause is no. 11 of the jury cases to be tried. Thus, it is uncertain as to actually when this cause will be called for trial on the merits.
II.
This suit involves allegations of professional negligence on the part of the defendant. As a consequence of these allegations, there may well be one or more expert witnesses whose testimony will be elicited at trial. Additionally, the defendant has, previous to the assignment of this case to trial on the try or dismiss docket, made plans to be out of the country beginning July 3, 1984. It would therefore facilitate the trial of this matter were the trial to commence on or about a date certain.
III.
Counsel for plaintiff and defendant have conferred and agreed that a trial of this matter commencing on June 25,1984 would be mutually acceptable.
WHEREFORE, PREMISES CONSIDERED, plaintiff and defendant respectfully request this Honorable Court to assign this matter for trial beginning June 25, 1984 and for such other and further relief to which they may be justly entitled.
. Refer to Appendix A for content of this document.