Cheryl Brown v. Donald Ford

In The

Court of Appeals

Ninth District of Texas at Beaumont _________________

NO. 09-12-00550-CV _________________

CHERYL BROWN, Appellant

V.

DONALD FORD, Appellee ________________________________________________________________________ On Appeal from the 279th District Court

Jefferson County, Texas

Trial Cause No. C-216,173 ________________________________________________________________________ MEMORANDUM OPINION

Cheryl Brown filed a notice of appeal from the trial court’s October 16, 2012 order granting bill of review in favor of Donald Ford. We notified the parties that the order referenced in the notice of appeal did not appear to be a final judgment or appealable interlocutory order and we warned the parties that unless a party desiring to continue the appeal filed a response showing grounds for continuing the appeal, the appeal could be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a). The time for filing a response expired but no response has been filed.

Generally, an appeal may be taken only from a final judgment. Lehmann v. Har– Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An order granting a bill of review that sets aside a prior judgment without disposing of the case on the merits is interlocutory in nature and is not an appealable final judgment. Kiefer v. Touris, 197 S.W.3d 300, 302 (Tex. 2006). Because the trial court’s order granting Ford’s bill of review does not dispose of all issues and parties in the case, it is not presently appealable. Id. We dismiss this appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Opinion Delivered January 17, 2013

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