Trisha Wakat Shafer v. Jack Newton Shafer

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-13-00066-CV ____________________

TRISHA WAKAT SHAFER, Appellant

V.

JACK NEWTON SHAFER, Appellee _______________________________________________________ ______________ On Appeal from the 418th District Court Montgomery County, Texas

Trial Cause No. 12-07-07703 CV ________________________________________________________ _____________ MEMORANDUM OPINION

The trial court signed a final order denying a bill of review on November 2, 2012. The appellant, Trisha Wakat Shafer, filed a notice of appeal on February 4, 2013. We questioned our jurisdiction, and the parties filed responses. Appellant contends she delayed filing her notice of appeal because the appellee, Jack Newton Shafer, had filed a motion for a protective order and neither that motion nor her motion for a change of venue had been set for a hearing. See generally Tex. R. Civ. P. 215.1, 257. An order denying a bill of review is a final judgment on the merits that decides the parties’ rights and liabilities based on the ultimate facts disclosed by the pleadings. See HSBC Bank USA, N.A. v. Watson, 377 S.W.3d 766, 771 (Tex. App.—Dallas 2012, pet. filed). The appellate timetable commenced from the date the trial court signed the order denying the bill of review. See Cottone v. Cottone, 122 S.W.3d 211, 213-14 (Tex. App.—Houston [1st Dist.] 2003, no pet.). Notice of appeal was due December 3, 2012. See Tex. R. App. P. 26.1. Appellant failed to timely perfect her appeal. We dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Opinion Delivered April 4, 2013

Before McKeithen, C.J., Gaultney and Kreger, JJ.