in the Interest of E.A., a Child ( 2017 )

DISMISS and Opinion Filed May 2, 2017
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00058-CV
IN THE INTEREST OF E.A., A CHILD
On Appeal from the 470th Judicial District Court
Collin County, Texas
Trial Court Cause No. 470-04225-2016
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
Appellant appeals from the trial court’s October 17, 2016 order granting a bill of review
and vacating a divorce decree. After reviewing the clerk’s record, we questioned our jurisdiction
over this appeal because there did not appear to be an appealable order. We instructed appellant
to file, by March 3, 2017, a letter brief addressing our concern and cautioned her that failure to
do so may result in dismissal of the appeal without further notice. As of today’s date, appellant
has not responded.
Generally, this Court has jurisdiction only over appeals from final judgements and certain
interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191,
195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. See id.
An order on a petition for bill of review that sets aside a prior judgment but does not dispose of
all the issues of the case on the merits is interlocutory in nature and not a final appealable
judgment. See Kiefer v. Touris, 197 S.W.3d 300, 302 (Tex. 2006); Tesoro Petroleum v. Smith,
796 S.W.2d 705 (Tex. 1990) (per curiam).
In the order, the trial court granted the bill of review and vacated the final decree of
divorce without disposing of all the issues of the case on the merits. For this reason, the order is
interlocutory and not appealable. See Kiefer, 197 S.W.3d at 302; Tesoro Petroleum, 796 S.W.2d
at 705. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
170058F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF E.A., A CHILD On Appeal from the 470th Judicial District
Court, Collin County, Texas
No. 05-17-00058-CV Trial Court Cause No. 470-04225-2016.
Opinion delivered by Chief Justice Wright.
Justices Lang-Miers and Stoddart
participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee Samuel Anyimadu recover his costs of this appeal from
appellant Jacqueline Jones.
Judgment entered May 2, 2017.
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